IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER , 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA W.P.Nos.55052-55056/2017 & W.P.Nos.55119-55121/2017 (GM-RES) BETWEEN:
1. M/S. AEROMECH TECHNOLOGIES PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR SRIDHAR V RAJU NO.362, 10TH CROSS 4TH PHASE, PEENYA INDUSTRIAL AREA BENGALURU-560058 2. SRI H KRISHNAMURTHY S/O LATE HAUMANTHA RAO AGED ABOUT 57 YEARS, R/AT NO.1157, 2ND MAIN, HOSAKEREHALLI 2ND PHASE BANASHANKARI 3RD STAGE BANGALORE-560085 3. SRI RAKEHS SENDWAL S/O LATE RAS BIHARI SEDWAL AGED ABOUT 51 YEARS R/AT NO.14, NETHAJI ROAD POST OFFICE CROSS, RAMAKURTHY NAGAR BANGALORE-560016 4. M KIRANMANI W/O SRIDHAR V RAJU AGED ABOUT 55 YEARS, R/AT NO.170, SRI SAI NILAYA, 9TH MAIN NIT LAYOUT VIDYARANYAPURA BENGALURU-560097 5. SRI SRIDHAR V RAJU S/O LATE V SIMHADRI RAO AGED ABOUT 51 YEARS, R/AT NO.170, SRI SAI NILAYA 9TH MAIN NIT LAYOUT VIDYARANYAPURA BENGALURU-560097 6. MRS H K PADMASILA W/O SRI H KRISHNAMURTHY AGED ABOUT 54 YEARS, R/AT NO.1152, 2ND MAIN, HOSAKEREHALLI 2ND PHASE BANASHANKARI 3RD STAGE BENGALURU-560085 7. SRI SRINIVAS VISSOM S/O LATE V SIMHADRI RAO AGED ABOUT 49 YEARS, R/AT NO.108, 7TH MAIN, IEHCS LAYOUT, VIDYARANYAPURA BENGALURU-560097 8. SRI R B YOGENDRA S/O LATE RAS BIHARI SENDWAL AGED ABOUT 55 YEARS, REP BY GPA HOLDER RAKESH SENDWAL R/AT NO.14, NETHAJI ROAD POST OFFICE ORAD RAMAMURTHY NAGAR BENGALURU-560016 (BY SRI RAJENDRA K R, ADV.) ... PETITIONERS AND:
1. INDIAN OVERSEAS BANK A BODY CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION & TRANSFER OF UNDERTAKING ACT 1970) HAVING ITS HEAD OFFICE AT CHENNAI AND BRANCH AT NO.1335, NALINA COMPLEX, II STAGE 7TH MAIN, 11TH CROSS, NAGAPURA MAIN ROAD, BANGALORE-560086 REP. BY ITS CHIEF MANAGER 2. THE AUTHORISED OFFICER INDIAN OVERSEAS BANK NO.1335, NALINA COMPLEX, II STAGE, 7TH MAIN, 11TH CROSS, NAGAPURA MAIN ROAD, BANGALORE-560086 (BY MS. SURABHI SRINIVAS, ADV. FOR ... RESPONDENTS SRI HARIKRISHNA S HOLLA, ADV. FOR C/R-1) THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE SALE NOTICE OF IMMOVABLE SECURED ASSETS DATED 16.11.2017 AND PUBLIC NOTICE FOR E-AUCTION SALE OF IMMOVABLE PROPERTIES DATED 16.11.2017 ISSUED BY R-2 COPIES OF WHICH PRODUCED AT ANNEX-H AND J RESPECTIVELY.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are before this Court assailing the sale notice dated 16.11.2017 impugned at Annexures-H and J to the petitions.
2. At the point when possession order was issued by the respondents, the petitioners herein have filed an appeal in SA No.316/2016. The said appeal is stated to be pending before the Debt Recovery Tribunal and an interim order had also been granted by the DRT subject to payment of the amount as indicated therein. Learned counsel for the petitioners states that the same has been complied. However, since no further amounts had been paid by the petitioner, the respondents are stated to have taken action to sell the property. Since the interim order granted was with regard to the possession, at present, the petitioner is assailing such sale notice as at Annexure-H to the petition. Since the issue relating to the loan transaction though in the nature of assailing the possession order was pending before the DRT, the petitioner has approached this Court in this petition.
3. In that light, parallel proceedings of the present nature would not be appropriate to be entertained herein. The petitioner in any event can file an application in the very appeal which is pending in SA No.316/2016 and raise the contentions with regard to the sale as undertaken by the respondents. Hence, to the said extent, liberty is reserved to the petitioner and if such application is filed, the DRT shall take note of the same and pass appropriate orders in accordance with law.
With such liberty, the petitions stand disposed of.
Sd/- JUDGE akc/bms