Petitioner challenged a sale notice under Section 13(4) SARFAESI read with Rule 8(6). Interim order had required a Rs.15 lakh deposit, which she made. The scheduled sale did not take place, so relief sought did not survive and the petition was disposed of.
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NC: 2024:KHC:33855 WP No.19806 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2024 BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.19806/2024 (GM-RES)
BETWEEN:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
SMT. BHAVANI SUNDAR W/O SUNDAR SELVARAJ AGED ABOUT 48 YEARS RESIDING AT NO.205 B PAVANI PARKWEST APARTMENTS INNER CIRCLE, WHITEFIELD BANGALORE-560066.
(BY MR. DINESH RAO N, ADV.,)
…PETITIONER
AND:
…RESPONDENTS
(BY MS. NATASHA N. MURTHY, ADV., FOR MR. VIGNESH S. SHETTY, ADV., FOR R1 & R2)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE BEARING NO.ARM-1/CR-373/393/2024/TJ DTD. 15.07.2024 AND SALE NOTICE DTD. 15.07.2024 ISSUED BY THE R-2 COPY OF WHICH IS PRODUCED AS ANNX-G AND H RESPECTIVELY. GRANT AN INTERIM ORDER TO STAY THE NOTICE BEARING NO. ARM-1/CR373/393/2024/TJ DTD. 15.07.2024 AND SALE NOTICE DTD. 15.07.2024 ISSUED BY THE R-2 COPY OF WHICH IS PRODUCED AS ANNX-G AND H RESPECTIVELY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner challenges the sale notice dated 15.07.2024 issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with Rule 8(6) of the Security Interest (Enforcement) Rule, 2002.
that the sale of secured asset which was scheduled on 07.08.2024 did not take place.
NC: 2024:KHC:33855 WP No.19806 of 2024
petition does not survive for consideration.
Accordingly, the petition is disposed of.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
RV
List No.: 1 Sl No.: 60
1 issue framed by the court
Whether the SARFAESI sale notice dated 15.07.2024 issued by the bank should be quashed.
2 provisions across 2 enactments
Smt. Bhavani Sundar
Canara Bank
Authorised Officer, Canara Bank Asset Recovery Branch-1
D. Elango
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
