Petitioner challenged auction sale notices under the SARFAESI Rules. Having failed to comply with an interim order to deposit 50% of the amount due, and with the sale of the mortgaged property already completed, the court dismissed the petition as not surviving for consideration.
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NC: 2024:KHC:45014 WP No. 8284 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 8284 OF 2024 (GM-RES)
BETWEEN:
M/S. APLOMB BUILDERS AND DEVELOPERS, A PROPRIETARY CONCERN, BY ITS PROPRIETOR, MR. MACQUEEN MONTERO, S/O LATE JOSEPH MONTERO, AGED ABOUT 35 YEARS, RESIDING AT RYANA BUILDING, GOPALAPURA, 1ST CROSS, SANTHEKATTE POST, KALLIANPURA - 576 105. UDUPI TALUK AND DISTRICT.
…PETITIONER
(BY SRI. AJITH ANAND SHETTY., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA FOR R1; SRI.RAJATH S, ADVOCATE FOR SRI.MAHESH R UPPIN, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE IMPUGNED AUCTION NOTICES DATED 27TH FEBRUARY, 2023, ISSUED BY THE R1 AUTHORITY VIDE C.E.P. NUMBERS 274/19-20, 275/19-20, 276/1920 AND 277/19-20 AS PER ANNEXURES A, B, C AND D RESPECTIVELY AND ETC.,
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 Rule 8(6) read with Rule 9 of the Security Interest (Enforcement) Rules, 2002.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
RKA
1 issue framed by the court
Whether the auction sale notices could be quashed when the sale of the mortgaged property had already taken place after the petitioner failed to comply with the interim deposit order.
2 provisions across 2 enactments
M/S. Aplomb Builders and Developers
The Assistant Registrar of Co-operative Societies, Udupi District
Badagubettu Credit Co-operative Society
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
