Borrower challenged a SARFAESI sale notice. Bank's counsel stated the scheduled auction could not proceed for want of bidders; the High Court recorded the submission and dismissed the petition as infructuous.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 25943 OF 2024 (GM-RES)
BETWEEN:
M/S GSK PROJECTS & ENGINEERING (P) LTD NO. 530, 15TH MAIN, 1ST BLOCK 3RD STAGE, MANJUNATH NAGAR BANGALURU 560 010, KARNATAKA REPRESENTED BY ITS MANAGING DIRECTOR MR. GIRISH RAMESWARAPPA S/O RAMESWARAPPA G AGED ABOUT 55 YEARS R/AT NO. 4, 2ND FLOOR 9TH CROSS, MAHALAKSHMI LAYOUT FURTHER EXTENSION BENGALURU 560 086.
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
SHED NO. 2/1, SY NO. 27/2 RAMAIAH INDUSTRIAL AREA HEROHALLI CROSS MAHADESWAR NAGAR VISHWANEEDAM POST BENGALURU 560 091.
…PETITIONER
(BY SMT. SYEDA SHEHNAZ, ADVOCATE)
AND:
NC: 2024:KHC:38971 WP No. 25943 of 2024
CANARA BANK, HEAD OFFICE J C ROAD, BANGALORE 560002.
…RESPONDENTS
(BY SRI. K V LOKESH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED SALE NOTICE DTD 6TH SEP 2024 U/S 13(4) OF THE SARFAESI ACT 2002 R/W RULE 8(6) AND (9) OF HTE SECURITY INTEREST (ENFORCEMENT) RULES 2002 ANNX-A AGAINST THE SCHEDULE IMMOVABLE PROPERTY. 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 issued under Section 13(4) of the SARFAESI Act, 2002 read with Rule 8(6) and (9) of the Security Interest (Enforcement) Rules, 2002.
Accordingly, this petition stands dismissed as having become infructuous.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
BKM
2 provisions across 2 enactments
M/S GSK Projects & Engineering (P) Ltd
Canara Bank, Assets Recovery Manager-II
The General Manager, Canara Bank, Head Office
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
