Petitioners challenged a sale notice issued by respondents under the Security Interest Enforcement Rules 2002. The High Court dismissed the petition as infructuous, noting the sale notice had spent its force and an interim stay was not inclined.
Petition dismissed as having become infructuous; interim stay not granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 9477 OF 2017 (GM-RES)
BETWEEN:
PETITIONER NO.1 WIFE OF AND PETITIONERS 2 TO 4 CHILDREN OF LATE M.VENKATASWAMY,
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
PETITIONERS 3 & 4 ARE REPRESENTED BY THEIR GPA HOLDER PETITIONER NO.2 ABOVE,
PETITIONERS 1 TO 4 ARE RESIDING AT 1A-003, CALDRA BLOCK, 'ELAN HOMES', KAIKONDANAHALLI, SARJAPUR ROAD, BANGALORE - 560 035.
…PETITIONERS
(BY SRI. VARADARAJAN M S.,ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.YOGISHA KUMARA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE OF INTENDED SALE DATED 21.2.2017 ISSUED BY THE R-2 VIDE ANNEXURE – A; DIRECT THE RESPONDENTS NOT TO PROCEED AGAINST THE PROPERTY DESCRIBED IN THE SCHEDULE IN THE NOTICE OF INTENDED SALE BY ALLOWING THIS WRIT PETITION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed challenging the sale notice dated 21.02.2017 issued under Rule 6(2) and 8(6) of the Security Interest (Enforcement Rules),2002 to sell the mortgaged property in auction scheduled to be held on 28.03.2017.
NC: 2024:KHC:21462 WP No. 9477 of 2017
stay. The impugned sale notice has spent force and therefore, the relief sought in this petition does not survive for consideration.
Sd/-
JUDGE
RKA List No.: 1 Sl No.: 21
2 issues framed by the court
Whether the sale notice issued under the Security Interest (Enforcement Rules), 2002 could be quashed.
Whether an interim stay on the sale notice would be granted.
2 provisions across 2 enactments
Smt. Lakshmi Devi
Jagadish Reddy
Ganesh Reddy
Smt. Anitha Reddy
Indian Bank, M.G. Road Branch, Bangalore
Indian Bank, ARM Branch, Bangalore
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
