IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 19TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.6319 OF 2017 (GM-RES) BETWEEN:
1. MRS. DHARCHANA M WIFE OF MR.SARAVANAN B AGED ABOUT 32 YEARS 2. MR.SARAVANAN B SON OF M.BELLI AGED ABOUT 42 YEARS BOTH ARE RESIDING AT NO.289/3A, MALLESHPALYA BENGALURU – 75.
… APPELLANTS (BY SRI.JAYAPRAKASH SHETTY B, ADVOCATE) AND:
1. UCO BANK NO.83, BANGALORE CANTONMENT BRANCH, M.G.ROAD BENGALURU – 01 REPRESENTED BY ITS AUTHORIZED OFFICER 2. MR.SOMASHEKAHARA V SON OF VENKATA RAO AGED ABOUT 47 YEARS RESIDING AT GBJ – 228 11TH CROSS, HAL TOWNSHIP BENGALURU NORTH TALUK MARATHAHALLI BENGALURU – 37 …RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 16/08/2017 PASSED IN WRIT PETITION No.21411/2017.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT There is a delay of 28 days in filing the appeal. However, the learned counsel for the appellants has addressed arguments on merits.
2. The appellants – petitioners sought for a writ of certiorari to quash the sale certificate dated 27.04.2017 as well as to quash the equitable mortgage deed by deposit of title deeds dated 27.04.2017.
3. The learned Single Judge by the impugned order held that the petitioners could avail the remedy as provided under Section 17 of the SARFAESI Act.
4. On hearing learned counsels, we are of the view, that the impugned order dated 16.08.2017 passed by the learned Single Judge in W.P.No.21411 of 2017 needs no interference. It is in tune with law. We find no good ground to interfere with the impugned order. The appeal is dismissed with liberty as granted by the learned Single Judge.
5. Hence, it will be futile to issue notice on delay.
Hence, I.A.No.2 of 2017 is dismissed. I.A.No.3 of 2017 is also dismissed.
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JUDGE JUDGE NG* CT:bms