Disposed

Sri. S. Mahadevaswamy v. Piramal Capital and Housing Finance Ltd.

Karnataka HC27 Jun 2024WP/6792/2023

Case brief

AI extract

What is this about?

Writ petition challenging a notice of sale of secured immovable property scheduled for auction. The auction took place but was not confirmed by the respondent, so the court disposed of the petition as nothing survived, reserving liberty to pursue remedies.

What did the court decide?

Petition disposed; liberty reserved to petitioners to pursue legal remedies including approaching the Court subsequently if occasion arises.

Sri. S. Mahadevaswamy Vs Piramal Capital and Housing… — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:24239 WP No. 6792 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.6792 OF 2023 (GM-RES)

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BETWEEN:

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SRI. S. MAHADEVASWAMY S/O P SHIVAPPA AGED ABOUT 48 YEARS, SKPT ROAD, HANNUR, KOLLEGAL, CHAMARAJPET – 571 440.

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SMT ANITHA MAHADEVASWAMY W/O S MAHADEVASWAMY AGED ABOUT 43 YEARS, SKPT ROAD, HANNUR KOLLEGAL, CHAMARAJPET – 571 440.

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…PETITIONERS

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(BY SRI. SRIKANTH B., ADVOCATE)

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AND:

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Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

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PIRAMAL CAPITAL AND HOUSING FINANCE LTD., (FORMERLY KNOWN AS DEWAN HOUSING FINANCE CORPORATION LTD) PIRAMAL CAPITAL AND HOUSING FINANCE LTD UNIT NO.601, 6^TH FLOOR, AMRITI BUILDING AGASTYA CORPORATION PARK, KAMANI JUNCTION, OPP. FIRE STATION, LBS MARG, KURLA (WEST), MUMBAI – 400 070

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BRANCH OFFICE AT:

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PIRAMAL CAPITAL AND HOUSING FINANCE LTD., (FORMERLY KNOWN AS DEWAN HOUSING FINANCE CORPORATION LTD) BRANCH OFFICE NO.13, OLD NO.5, 1^ST MAIN ROAD, NEAR KODAVA SAMAJA, VASANTH NAGAR, BENGALURU-560 052 REP. BY ITS MANAGER.

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…RESPONDENT

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(BY SRI. JAI.M.PATIL AND SMT. SRIDEVI., ADVOCATES)

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NC: 2024:KHC:24239 WP No. 6792 of 2023

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE OF SALE OF IMMOVABLE PROPERTY / SCHEDULE PROPERTY DATED 25.02.2023 ISSUED BY THE RESPONDENT / BANK IN EXERCISE OF POWERS CONFERRED UNDER THE PROVISIONS OF THE SECURITY INTEREST (ENFORCEMENT) RULES-2002 VIDE ANNEXURE-C.

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THIS PETITION, COMING ON FOR ORDERS , THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this petition, petitioners assail the Notice of sale at Annexure – C dated 25.02.2023 scheduling auction to be conducted on 29.03.2023.

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Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record.

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A perusal of the material on record will indicate that though the auction has taken place on 29.03.2023, the same has not been confirmed by the respondent and under these circumstances, nothing further survives for consideration in the present petition and the same is accordingly, disposed of reserving liberty in favour of the petitioners to take recourse to such remedies as available in law including approaching this Court subsequently, if occasion so arises.

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NC: 2024:KHC:24239 WP No. 6792 of 2023

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Subject to the aforesaid observations and directions,

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the petition stands disposed of .

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All rival contentions on all aspects of the matter are

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kept open and no opinion is expressed on the same.

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Sd/JUDGE

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List No.: 1 Sl No.: 30

Sri. S. Mahadevaswamy v. Piramal Capital and Housing Finance Ltd.

Case brief

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Sri. S. Mahadevaswamy v. Piramal Capital and Housing Finance Ltd.

Case brief

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