Petitioner filed a writ petition quashing DT orders and sale certificate regarding bank recovery under SARFAESI Act. Court noticed non-prosecution and dismissed the petition.
The writ petition stands dismissed for non-prosecution with costs of Rs.5,000 payable to the Karnataka High Court Legal Services Committee.
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NC: 2024:KHC:32904 WP No. 56427 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 56427 OF 2017 (GM-DRT)
BETWEEN:
SMT SANGEETHA AGARWAL W/O ASHOK AGARWAL R/AT NO.405, 4TH MAIN ROAD, 9TH BLOCK, 2ND STAGE, NAGARABHAVI, BANGALORE-560 079.
…PETITIONER
(BY SRI. MANJUNATHA V RAYAPPA.,ADVOCATE) (ABSENT)
AND:
Digitally signed by SUMA B N Location: High Court of Karnataka
NC: 2024:KHC:32904 WP No. 56427 of 2017
RESPONDENTS 2 TO 5 ARE R/AT NO.1055, 6TH BLOCK RAJAJINAGAR, BANGALORE - 560 010.
…RESPONDENTS (BY SRI. K S VENKATARAMANA FOR R1.,ADVOCATE FOR R1 NOTICE TO R2 TO R5 ARE HELD SUFFICIENT V/O DATED:31.08.2018)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 11.10.2017 AND THE ORDER DATED:13.11.2017 IN IR NO.2448/2017 PASSED BY THE DEBTS RECOVERY TRIBUNAL-1, IN KARNATAKA, BANGALORE VIDE ANNX-D TO THE W.P. PETITION AND ALSO THAT OF THE SALES CERTIFICATE DTD 20.11.2017 ISSUED BY THE R-1 BANK IN FAVOUR OF R-2 TO 5 VIDE ANNX-F TO THE W.P.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
None appears on behalf of the petitioner.
Sri.K.S.Venkataramana, learned counsel for the
respondent No.1 is present.
By order dated 07.08.2024 this Court passed the following order:
''None appears for the petitioner.
2. This petition raises an issue with regard to action being taken by the respondent-bank towards recovery of its dues under the provisions of SARFAESI Act.
3. This Court by order dated 16.11.2018 had granted an interim protection subject to petitioner depositing 50% of the outstanding amount in a sum of Rs.1,29,15,540.37 within a period of two weeks from the date of the said order. It is not clear as to whether petitioner has complied with the said order. However, learned counsel for respondent No.1 on instructions submits petitioner has not deposited the said amount and infact the subject property has been auctioned and sale certificate has been issued in favour of the prospective purchaser. Hence, he submits petition has become infructuous.
4. Since there is no representation, in the interest of justice, list this matter on 14.08.2024 making it clear that on the said date if there is no representation, appropriate orders would be passed including dismissal of the petition.''
Even today there is no representation on behalf of the
petitioner, thus it is clear that the petitioner is not intending to prosecute this matter.
The petition stands dismissed for non prosecution
with the cost of Rs.5,000/- payable to the Karnataka High
Court Legal Services Committee .
Sd/(M.G.S. KAMAL) JUDGE
RL
1 issue framed by the court
Whether the writ petition challenging the bank's recovery action under SARFAESI Act should be maintained in the absence of the petitioner.
2 provisions across 2 enactments
SMT SANGEETHA AGARWAL
THE AUTHORISED OFFICER ANDHRA BANK, JAYANAGAR BRANCH
MRS. NEETHA JAIN
MRS. PINKY JAIN
MR RAMESH JAIN
MR. VIMAL KISHORE JAIN
M.G.S. KAMAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
