Borrowers and a guarantor challenged a bank's sale notice under the SARFAESI Act. The court was told the auction did not take place and two of three properties were released to the borrowers; the petitions were disposed as infructuous with liberty to approach appropriate fora.
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NC: 2024:KHC:6630 WP No. 4135 of 2023 C/W WP No. 5917 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4135 OF 2023 (GM-RES)
C/W
WRIT PETITION NO. 5917 OF 2023 (GM-RES)
IN WRIT PETITION NO. 4135 OF 2023
BETWEEN:
MR.PREM KUMAR S/O LATE RAMANNA AGED ABOUT 72 YEARS NO.10, 4TH CROSS MANJUNATHANAGARA RAGHUVANAHALLI KANAKAPURA ROAD BENGALURU – 560 109.
Digitally signed by PADMAVATHI B K Location: HIGH (BY SRI K.SHASHIKANTH PRASAD, ADVOCATE) COURT OF KARNATAKA
…PETITIONER
AND:
BENGALURU – 560 070.
…RESPONDENTS
(BY SRI VINAY SWAMY C., ADVOCATE FOR R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE SALE NOTICE DTD 06.02.2023 AND PAPER PUBLICATION DTD 08.02.2023 IN THE NEW INDIAN EXPRESS
FOR SALE OF SCHEDULE-C PROPERTY FOR AUCTION SALE ON 18.03.2023 VIDE ANNX-C ISSUED BY THE RESPONDENT.GRANT FURTHER 3 MONTHS TIME TO PAY THE BALANCE DUE OF RS.86 LAKH AS AGREED BY THE RESPONDENT BANK IN THEIR LETTER DTD 30.01.2023 VIDE ANNX-B.
IN WRIT PETITION NO. 5917 OF 2023
BETWEEN:
2 . MR.R.CHANDRASHEKAR S/O H.S.RAMANATHA AGED ABOUT 54 YEARS NO.1380/F1 BHARADWAJA 2ND FLOOR 5TH B CROSS, 9TH MAIN ROAD SRINIVASA NAGARA BSK 3RD STAGE BENGALURU – 560 050.
…PETITIONERS
(BY SMT.N.KAVITHA, ADVOCATE)
AND:
AUTHORIZED OFFICER CITY UNION BANK LIMITED CREDIT RECOVERY AND MANAGEMENT DEPARTMENT ADMINISTRATIVE OFFICE NO.24B, GANDHINAGAR
KUMBAKONAM, TAMIL NADU – 612 001.
…RESPONDENT
(BY SRI VINAY SWAMY C., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DTD 06/02/2023 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURE-E STAYING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF SARFAESI ACT, 2002. WITH RESPECT TO P1 AND 2 AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri K. Shashikanth Prasad, learned counsel for petitioner in W.P.No.4135/2023, Smt. N. Kavitha, learned counsel for petitioner in W.P.No.5917/2023 and Sri Vinay Swamy C., learned counsel for respondent – bank in both the petitions.
Sd/JUDGE
NVJ
List No.: 1 Sl No.: 83
2 provisions across 2 enactments
Mr. Prem Kumar
The Authorized Officer and Branch Manager, City Union Bank Limited
M/s. Universal Trading Corporation
Mr. Suraj Ramakrishna
Mrs. Anuradha
Mr. R. Chandrashekar
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
