IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.44740 OF 2018 (GM-RES) BETWEEN:
DR. ISHTIAQ AHMED KHAN S/O. MR. ABDUL HAMEED AGED ABOUT 46 YEARS RESIDING AT NO.1446 WARD NO.59 SOUTH END A CROSS 28TH MAIN ROAD JAYANAGAR 9TH BLOCK BANGALORE-560 069. …PETITIONER (BY SMT. GEETA R. SHINDHE, ADV.) AND:
1. STATE BANK OF INDIA REPRESENTED BY MANAGER, SARC, BANGALORE J.C. ROAD, BANGALORE- 560 006 BRANCH CODE: 05173 2. M/S. ASSET RECONSTRUCTION COMPANY INDIA LTD (ACRIL -ARMS) ARMS REPRESENTED BY AUTHORISED OFFICER REGISTERED OFFICE AT: THE RUBY, 10TH FLOOR, 29 SENAPATHI BAPAT MARG DADAR (W), MUMBAI – 400 028 3. M/S. ASSET RECONSTRUCTION COMPANY INDIA LTD.
(ACRIL -ARMS) ARMS REPRESENTED BY AUTHORISED OFFICER ARMS DIVISIONAL HEAD OFFICE UNIT NO 304 & 305, 3RD FLOOR RUPA SOLITAIRE, BUILDING NO.A-1 MILLENNIUM BUSINESS PARK SECTOR 1, MAHAPE NAVI MUMBAI – 400 710.
4. M/S. ASSET RECONSTRUCTION COMPANY INDIA LTD.
(ACRIL -ARMS) ARMS REPRESENTED BY AUTHORISED OFFICER BRANCH OFFICE, UNIT NO 305 3RD FLOOR, KEDIA ARCADE NO 92, INFANTRY ROAD BANGALORE – 560 001. ... RESPONDENTS (BY SRI M.K. VENKATRAMANA, ADV. FOR R1 [ABSENT] SRI B.C. AVINASH, ADV. FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION NOTICE DATED 5.9.2018, PUBLIC NOTICE-ACTION CUM SALE OF PROPERTIES DATED 9.10.2018 AND ANY OTHER REFERENCE TO THE PROPERTY VIDE ANNEXURE-E & F AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt. Geeta R. Shinde, learned counsel for petitioner, Sri M.K. Venkatramana, learned counsel for respondent No.1 and Sri B.C. Avinash, learned counsel for respondents No.2 to 4.
2. The writ petition is admitted for hearing.
With the consent of the parties, the matter is heard finally.
3. In this petition under Article 226 of the Constitution of India, the petitioner has assailed the validity of the auction notice and public notice-auction cum sale of properties dated 05.09.2018. The aforesaid auction is being carried on against the petitioner under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the ‘SARFAESI Act’ for short).
4. When the matter was taken up for consideration today, learned counsel for the respondent-Bank has submitted that, aggrieved by the aforesaid auction notice issued by the respondent-Bank, the petitioner has already filed an appeal under Section 17 of the SARFAESI Act on 29.12.2018 before the Debts Recovery Tribunal-II, Bangalore.
5. In view of the aforesaid submission and taking into account the fact that the petitioner has already availed the statutory remedy provided to him under the provisions of SARFAESI Act and in view of the cardinal principles of law that a person cannot be allowed to pursue two remedies simultaneously in view of the law laid down by the Hon’ble Supreme Court in ‘United Bank of India vs. Satyawati Tondon and Ors.’, (2010) 8 SCC 110, the writ petition is disposed of with liberty to the petitioner to take recourse to the remedy of appeal which has already been availed by him.
Sd/- JUDGE ST