Petitioner challenged non-issuance of sale certificate after winning auction. Court directed banker to issue certificate within one month after petitioner filed no-restraint undertaking.
Directing Recovery Officer to issue sale certificate within one month of receiving petitioner's undertaking affirming no order of restraint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:34636 WP No. 21058 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 21058 OF 2023 (GM-DRT)
BETWEEN:
SURESH SEBASTIAN D SOUZA S/O VINCENT D'SOUZA, AGED ABOUT 50 YEARS, D NO 2/6/305, OPPOSITE TO A J HOSPITAL, KUNTIKANA BEJAI PASS, DAKSHINA KANNADA DISTRICT, MANGALORE 575 004.
…PETITIONER
(BY SRI. PRIYA NAGARAJ., ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
M/S CANARA BANK FORMERLY SYNDICATE BANK, REPRESENTED BY ITS CHIEF GENERAL MANAGER, HAVING OFFICE AT NO 6648, 112, JC ROAD, P B, HALSURPETE NAGARTHPETE, BENGALURU KARNATAKA 560 001.
…RESPONDENT
(BY SMT. NATASHAN MURTHY, ADVOCATE ON BEHALF OF SRI. VIGNESH SHETTY, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO EXECUTE NECESSARY DOCUMENTS/ SALE DEED AS PER BID CONFIRMATION LETTER DTD 23/05/2016 ISSUED BY THE LD. RECOVERY OFFICER-II, DEBT RECOVERY TRIBUNAL, BANGALORE UNDER O.A.NO. 941/1995, VIDE ANNEXURE-A2 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The Recovery Officer of the Debts Recovery Tribunal, Bengaluru, issued a proclamation dated 11.02.2016 for the sale of properties to recover dues as specified in the recovery certificate in R.C. No. 6838 in O.A. No. 941/1995.
NC: 2024:KHC:34636 WP No. 21058 of 2023
Sd/(HEMANT CHANDANGOUDAR) JUDGE
HR
1 issue framed by the court
Whether the High Court should direct the issuance of a sale certificate to a successful bidder in a DRT auction.
Suresh Sebastian D Souza
M/s Canara Bank Formerly Syndicate Bank
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
