Disposed

Babu Dvalapur v. Canara Bank

Karnataka HC10 Jun 2024WP/4701/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of three writ petitions challenging auction-cum-sale notices issued by Canara Bank. The court reserved liberty for petitioners to file appeals before the Debt Recovery Tribunal under the SARFAESI Act within six weeks and extended the interim order for the same duration.

What did the court decide?

Petitions disposed of; liberty reserved to file appeal under Section 17 of the SARFAESI Act; interim order continued for six weeks.

Babu Dvalapur Vs Canara Bank — Consumer Protection | Karnataka HC (2024)

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NC: 2024:KHC:20453 WP No. 4701 of 2024 C/W WP No. 8860 of 2022 WP No. 4700 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 4701 OF 2024 (GM-RES)

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C/W

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WRIT PETITION NO. 8860 OF 2022(GM-RES)

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C/W

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WRIT PETITION NO. 4700 OF 2024(GM-RES)

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IN W.P.No.4701/2024

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BETWEEN:

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Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

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BABU DVALAPUR S/O HONNUR SUB DEVLAPUR AGED ABOUT 48 YEARS, RESIDING AT 1889 E GATE DR STONE MOUNTAIN GA 30087 REPRESENTED BY HIS GPA HOLDER, SRI BASHA DEVALAPUR, S/O HONNUR SAB DEVALAPUR AGED ABOUT 49 YEARS, NO.8/1, 5^TH CROSS, EX SERVICE COLONY, R.T.NAGAR BANGALORE-560 032.

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…PETITIONER

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(BY SRI. GAUTAM SHREEDHAR BHARADWAJ.,ADVOCATE) AND:

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CANARA BANK

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ASSET RECOVERY MANAGEMENT BRANCH, NO.86, 3^RD FLOOR, SPENCER TOWERS MAHATMA GANDHI ROAD, BENGALURU-560 001. REPRESENTED BY ITS AUTHORIZED OFFICER.

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NC: 2024:KHC:20453 WP No. 4701 of 2024 C/W WP No. 8860 of 2022 WP No. 4700 of 2024

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M/S S V S PROPERTIES INDIA PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011. REPRESENTED BY ITS DIRECTOR.

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M/S JAYA SHANMUGA PROJECTS PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR, 3^RD BLOCK BENGALURU-560 011. REPRESENTED BY ITS DIRECTOR.

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M/S JAYA SHANMUGA INFRA PROJECTS PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011 REPRESENTED BY ITS DIRECTOR.

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M/S JAYA SHANMUGA HOMES PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011. REPRESENTED BY ITS DIRECTOR.

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SRI PRASHANTH RAJU S/O SRI CHANGAM GOPINATH RAJU RESIDING AT 74, 3^RD MAIN, 3^RD CROSS, B T M LAYOUT 2^ND STAGE BILEKAHALLI DOLLARS LAYOUT BENGALURU-560 076.

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SRI C SHARATH

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S/O SRI S R CHILAKARIRESIDING AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011.

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…RESPONDENTS

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(BY SRI. SHETTY VIGNESH SHIVARAM.,ADVOCATE FOR R-1)

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AUCTION- CUM-SALE NOTICE DATED 10/01/2024 BEARING REF NO. NIL ISSUED BY R1 BANK WHICH IS PRODUCED AS ANNEXURE-A.

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NC: 2024:KHC:20453 WP No. 4701 of 2024 C/W WP No. 8860 of 2022 WP No. 4700 of 2024

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IN W.P.No.8860/2022

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BETWEEN:

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MOHAN BABU JALUKURI SON OF SATYANARAYANA AGED ABOUT 46 YEARS RESIDING AT NO. 168, PLOT NO. 204 TATA PROMOUNT ALTEZZA, 2^ND FLOOR 3^RD MAIN ROAD, BSK 3^RD STAGE HOSAKEREHALLI, ITTAMADU POST BENGALURU – 560 085.

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…PETITIONER

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(BY SRI. GAUTAM SHREEDHAR BHARADWAJ.,ADVOCATE) AND:

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CANARA BANK ASSET RECOVERY MANAGEMENT BRANCH, NO.86, 3^RD FLOOR, SPENCER TOWERS MAHATMA GANDHI ROAD, BENGALURU-560 001. REPRESENTED BY ITS AUTHORIZED OFFICER.

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M/S S V S PROPERTIES INDIA PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011. REPRESENTED BY ITS DIRECTOR.

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M/S JAYA SHANMUGA PROJECTS PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR, 3^RD BLOCK BENGALURU-560 011. REPRESENTED BY ITS DIRECTOR.

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M/S JAYA SHANMUGA INFRA PROJECTS PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011 REPRESENTED BY ITS DIRECTOR.

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NC: 2024:KHC:20453 WP No. 4701 of 2024 C/W WP No. 8860 of 2022 WP No. 4700 of 2024

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M/S JAYA SHANMUGA HOMES PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011. REPRESENTED BY ITS DIRECTOR.

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SRI PRASHANTH RAJU

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S/O SRI CHANGAM GOPINATH RAJU RESIDING AT 74, 3^RD MAIN, 3^RD CROSS, B T M LAYOUT 2^ND STAGE BILEKAHALLI DOLLARS LAYOUT BENGALURU-560 076.

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SRI C SHARATH

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S/O SRI S R CHILAKARIRESIDING AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011.

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…RESPONDENTS

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(BY SRI. SHETTY VIGNESH SHIVARAM.,ADVOCATE FOR R-1)

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AUCTION- CUM-SALE NOTICE DATED 19.03.2022 THE PETITIONER IN RESPECT OF SITE NO.12 AND 13 ISSUED BY THE R-1 BANK WHICH IS PRODUCED AT ANNEXURE-A.

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IN W.P.No. 4700/2024

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BETWEEN:

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APARNA CHEKURU W/O SHRI RAJANIKATH CHEKURU AGED ABOUT 41 YEARS CURRENTLY RESIDINT AT: 42828 HOYSVILLE MANOR DR, ASHBURN VA 20148 REPRESENTED BY HIS GPA HOLDER SMT. BHARATHI GOURINENI AGED ABOUT 46 YEARS RESIDING AT: 261, FLAT NO. A3 R.R. RESIDENCY, PANDURANGA NAGAR BANNERGHATTA ROAD BENGALURU – 560 076.

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…PETITIONER

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(BY SRI. GAUTAM SHREEDHAR BHARADWAJ.,ADVOCATE)

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5 - NC: 2024:KHC:20453 WP No. 4701 of 2024 C/W WP No. 8860 of 2022 WP No. 4700 of 2024

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AND:

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CANARA BANK ASSET RECOVERY MANAGEMENT BRANCH, NO.86, 3^RD FLOOR, SPENCER TOWERS MAHATMA GANDHI ROAD, BENGALURU-560 001. REPRESENTED BY ITS AUTHORIZED OFFICER.

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M/S S V S PROPERTIES INDIA PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011. REPRESENTED BY ITS DIRECTOR.

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M/S JAYA SHANMUGA PROJECTS PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR, 3^RD BLOCK BENGALURU-560 011. REPRESENTED BY ITS DIRECTOR.

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M/S JAYA SHANMUGA INFRA PROJECTS PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011 REPRESENTED BY ITS DIRECTOR.

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M/S JAYA SHANMUGA HOMES PVT LTD HAVING ITS REGISTERED OFFICE AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011. REPRESENTED BY ITS DIRECTOR.

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SRI PRASHANTH RAJU S/O SRI CHANGAM GOPINATH RAJU

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6 - NC: 2024:KHC:20453 WP No. 4701 of 2024 C/W WP No. 8860 of 2022 WP No. 4700 of 2024

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RESIDING AT 74, 3^RD MAIN, 3^RD CROSS, B T M LAYOUT 2^ND STAGE BILEKAHALLI DOLLARS LAYOUT BENGALURU-560 076.

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SRI C SHARATH S/O SRI S R CHILAKARIRESIDING AT NO.216/13 SURAJ TOWERS, 4^TH FLOOR, 27^TH CROSS, JAYANAGAR 3^RD BLOCK BENGALURU-560 011.

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…RESPONDENTS

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(BY SRI. SHETTY VIGNESH SHIVARAM.,ADVOCATE FOR R-1)

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AUCTION- CUM-SALE NOTICE DATED 10.01.2024 BEARING REF NO. NIL ISSUED BY R1 BANK WHICH IS PRODUCED AS ANNEXURE-A.

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THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In W.P.No.4701/2024, petitioner seeks for the following

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reliefs:-

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“ a) To issue a writ of certiorari to quash the Impugned auction cum-sale Notice dated: 10.01.2024 bearing Ref No. NIL issued by Respondent No.1 Bank which is produced as Annexure- ‘A’.

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b) Grant such relief to meet the ends of Justice and Equity.”

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In W.P.No.8860/2022, petitioner seeks for the following

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reliefs:-

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7 - NC: 2024:KHC:20453 WP No. 4701 of 2024 C/W WP No. 8860 of 2022 WP No. 4700 of 2024

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“ a) To issue a writ of certiorari to quash the Impugned auction cum-sale Notice dated: 19.03.2022 bearing Ref No. ARM-I/CR-419/313/2022 AK Quo the petitioner in respect of site No. 12 and 13 issued by Respondent No.1 Bank which is produced as Annexure- ‘A’.

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b) Grant such relief to meet the ends of Justice and Equity.”

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In W.P.No.4700/2024, petitioner seeks for the following

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reliefs:-

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“ a) To issue a writ of certiorari to quash the Impugned auction cum-sale Notice dated: 10.01.2024 bearing Ref No. NIL issued by Respondent No.1 Bank which is produced as Annexure- ‘A’.

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b) Grant such relief to meet the ends of Justice and Equity.”

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After arguing the matter for sometime, learned counsel

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for the petitioners submits that the present petitions may be disposed of reserving liberty in favour of the petitioners to file an appeal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the SARFAESI Act’) before the Debt Recovery Tribunal (for short “the DRT”) and continue the interim order for a period of six weeks so as to enable the petitioners to file an appeal.

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8 - NC: 2024:KHC:20453 WP No. 4701 of 2024 C/W WP No. 8860 of 2022 WP No. 4700 of 2024

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The aforesaid submission is placed on record.

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In view of the aforesaid submission, petitions are disposed of reserving liberty in favour of the petitioners to file an appeal under Section 17 of the SARFAESI Act before the DRT within a period of six weeks from today. If such an appeal is preferred within six weeks as stated supra, the interim order passed by this Court would continue to remain in force and operate between the parties for the aforesaid period of six weeks and also the petitioners would be entitled to the benefit of Section 14 of the Limitation Act.

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With the aforesaid observations and directions, the writ

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petitions stands disposed of.

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Srl.

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Sd/JUDGE

Babu Dvalapur v. Canara Bank

Case brief

What is this about?

What did the court decide?

Babu Dvalapur v. Canara Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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