IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.12150 OF 2016(GM-RES) BETWEEN:
BRIGEDIAR K BALASUBRAMANIUM SON OF LATE PROFESSOR P.R.KRISHNA IYER, AGED ABOUT 87 YEARS NO.814, 8TH BLOCK, JALVAYU TOWERS NGEF LAYOUT BENGALURU – 38 ...PETITIONER (BY SRI RAVISHANKAR D.R., ADVOCATE) AND:
1. AUTHORISED OFFICER STATE BANK OF INDIA STRESSED ASSETS RECOVERY BRANCH, 1ST FLOOR, BENGALURU CITY BRANCH, J.C.ROAD, BENGALURU - 2 2. MRS CHITRA ARUN KUMAR WIFE OF ARUNKUMAR AGED ABOUT 3. ARUN KUMAR FATHER NAME NOT KNOWN AGED ABOUT RESPONDENTS NO.2 & 3 RESIDING AT NO J1006, 10TH FLOOR, BRIGADE GATE WAY, MALLESHWARAM, BENGALURU – 55 4. KEN VYAAPPAR & SERVICES PVT. LTD., NO.32/1-2, CRESCENT TOWERS, CRESCENT ROAD, HIGH GROUNDS, BENGALURU - 1, REPRESENTED BY ITS DIRECTORS.
... RESPONDENTS (By Sri CHINTAN CHINNAPPA, ADVOCATE FOR R1; Sri DHYAN CHINNAPPA, Sr.COUNSEL FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THAT CONDUCTING OF E-AUCTION PROCEEDINGS IN SALE OF PROPERTY MORE PARTICULARLY OF THE PETITIONER IN THIS CASE IN FAVOUR OF R-2 & 3 IS A HIGHLY ILLEGAL AND ARBITRARY EXERCISE OF POWER AND IS CONTRARY TO THE SCHEME AND BORRWOING OF THE SECURITIZATION ACT; ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appears for the petitioners.
Sri Chintan Chinnappa, learned counsel for Respondent No.1. Sri Dhyan Chinnappa, learned Senior Counsel for Respondents No.2 and 3.
2. In this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner interalia seeks for the following reliefs:
(a) issue a writ of appropriate nature to declare that conducting of e-auction proceedings in sale of property more particularly of the petitioner in this case in favour of Respondents No.2 and 3 is a highly illegal and arbitrary exercise of power and is contrary to the scheme and borrowing of the Securitization Act.
(b) Further issue a writ in the nature of certiorari to quash Annexure – E the notice vide No.SARB/RJN/338 dated 16.02.2016 issued by the first respondent.
3. When the matter was taken up today, learned counsel for the respondents submitted that the entire auction against the petitioner has been concluded under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and therefore, nothing survives for adjudication in this petition.
4. In view of the aforesaid submission, petition is disposed of with liberty to the petitioner to take recourse of such remedy as may be available to him in law.
With the aforesaid liberty to the petitioner, writ petition is disposed of.
Sd/- JUDGE DH