Borrower challenged a SARFAESI sale notice in writ proceedings. Noting non-compliance with an interim deposit order and availability of the statutory remedy under Section 17 of the SARFAESI Act, the Court held the petition not maintainable following United Bank of India v. Satyawati Tandon and dismissed it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 22529 OF 2021 (GM-RES)
BETWEEN:
…PETITIONER
(BY SRI HANUMANTHAPPA HARAVI B. GOWDAR, ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
…RESPONDENTS
(BY MS. HARSHANA REDDY, ADVOCATE FOR SRI MANIK B.T., ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF THE IMPUGNED SALE NOTICE DATED 17.11.2021 ISSUED BY THE R-2 VIDE ANNEXURE-D. DIRECT THE R-1 TO
CONSIDER THE REPRESENTATION DATED 24.08.2021 VIDE ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
The petitioner is calling in question the sale notice dated 17.11.2021 issued by respondent No.2 at Annexure-
D under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short 'SARFAESI Act').
counsel for the petitioner has not placed any evidence on compliance of the interim order. Be that as it may, the petition is not maintainable for another reason also. The petitioner has a remedy under Section 17 of the SARFAESI Act.
Sd/(K. V. ARAVIND) JUDGE
DDU
List No.: 1 Sl No.: 37
1 issue framed by the court
Whether a writ petition challenging a sale notice under Section 13 SARFAESI Act is maintainable when an alternative remedy under Section 17 exists.
Colour shows how this judgement treated each authority
United Bank of India vs. Satyawati Tandon and othersRelied on¶5
2010 (8) SCC 110 · Who else cites this
3 provisions across 3 enactments
Abdul Aziz A.
The Branch Manager, Canara Bank, Virajpete Branch
The Authorised Officer for Sale, Canara Bank, Virajpete Branch
K. V. Aravind
As recorded by the court registry
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