IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.5282 OF 2015 (GM-RES) BETWEEN:
BELLARY STEELS AND ALLOYS LTD.
A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS CORPORATE OFFICE AT “FARAH FORT MANOR” I MAIN ROAD, JAYAMAHAL EXTN. NANDIDURGA ROAD BENGALOORU-560 046. REPRESENTED BY ITS DIRECTOR S. HARI KRISHNA. ... PETITIONER (BY SRI. VINAYA KEERTHY M., ADV.) AND:
1. IFCI LTD. IFCI TOWERS NO.61, NEHRU PLACE NEW DELHI-110 019.
REP. BY ITS MANAGING DIRECTOR.
2. V. SUBRAMANIAN AUTHORISED OFFICER APPOINTED IN TERMS OF SARFAESI ACT, 2002 IFCI LTD, IFCI TOWERS NO.61, NEHRU PLACE NEW DELHI-110 019.
3. R. PARTHASARATHY AUTHORISED OFFICER APPOINTED IN TERMS OF SARFAESI ACT, 2002 IFCI LTD, IFCI TOWERS NO.61, NEHRU PLACE, NEW DELHI-110 019.
4. OPG POWER GENERATION PVT. LTD. HAVING ITS REGISTERED OFFICE AT 117, PS SIVASWAMI SALAI STREET EBBAS AVENUE, MYLAPORE CHENNAI-600 004.
REP. BY ITS MANAGING DIRECTOR.
5. SESA GOA LTD.
HAVING ITS REGISTERED OFFICE AT SESA GHOR, NO.20, EDC COMPLEX PATTO, PANAJI-403 001 GOA REPRESENTED BY ITS MANAGING DIRECTOR. … RESPONDENTS (BY SRI. S. SRIRANGA, ADV. FOR R1 SRI. K.N. PHANINDRA, SR. COUNSEL FOR SMT. VAISHALI HEGDE, ADV. FOR R5 MS. ANJANA C.H., ADV. FOR R4 R2 AND R3 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE CERTIFICATES DATED 21.03.2011 VIDE ANNEX-P1 AND P2 EXECUTED BY THE R2 IN FAVOUR OF THE R5 IN THE OFFICE OF THE SUB-REGISTRAR/BALLARI.
THIS WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Vinaya Keerthy M., learned counsel for petitioner.
Sri S. Sriranga, learned counsel for respondent No.1. Ms Anjana C.H., learned counsel for respondent No.4 and Sri K.N. Phanindra, learned Senior counsel for Smt. Vaishali Hegde, learned counsel for respondent No.5.
2. The writ petition is admitted for hearing.
With the consent of learned counsel for the parties, the matter is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs:
“a. Issue a writ of certiorari quashing the impugned sale certificates dated 21.03.2011 bearing Document No.13236/2010-11 and Document No.299/2010-11 (Annexures-P1 and P2) executed by the second Respondent in favour of the fifth Respondent in the office of the Sub-Registrar/Ballari.
b. Issue a writ of certiorari quashing the impugned sale certificate dated 29.04.2011 bearing Document No.1173/2011-12 (Annexure-Q) executed by the second Respondent in favour of the fourth Respondent in the office of the Sub- Registrar/Ballari.
c. Issue a writ of mandamus directing the Respondents to hand over possession of the movable and immovable properties listed in the possession notice at Annexure-F to the petitioner;
d. Pass such other relief/s as the Hon’ble Court may deem fit and proper, in the interest of justice and equity.”
3. After hearing learned Senior counsel for respondent No.5 and taking into account the fact that the petitioner has alternate and efficacious remedy of approaching the appropriate forum for redressal of its grievance, the petition is disposed of with liberty to the petitioner to take recourse to such remedy as may available to him under the law.
With the aforesaid liberty, the writ petition is disposed of.
In view of disposal of the writ petition, I.A.No.1/2018 for amendment does not survive for consideration and the same is also disposed of.
Sd/- JUDGE ST