IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50905/2019(GM-RES) DR. K. SENTHILNATHAN PROPRIETOR OF SRI DEVI HOSPITALS, S/O KANAGASABAI CHETTIYAR, AGED ABOUT 62 YEARS, NO.1499, 16TH MAIN ROAD, ANNA NAGAR, CHENNAI-600040.
...PETITIONER (BY SRI NISCHAL DEV B. R., ADVOCATE) AND:
1 . ASSET RECONSTRUCTION COMPANY INDIA LIMITED THE RUBY, 10TH FLOOR, NO.29, SENAPATHI BAPAT MARG, DODAR (W), MUMBAI-400028. REP. BY MANAGER.
2 . M/S ARCIL-SBPS-008-I TRUST THE RUBY, 10TH FLOOR, NO.29, SENAPATHI BAPAT MARG, DODAR (W), MUMBAI-400028, REPRESENTED BY ITS MANAGING TRUSTEE.
3 . INDIAN OVERSEAS BANK ARUMBAKKAM BRANCH, OLD 539 1063, EVR PERIYAR HI, POONAMALLEE HIGH RD, ARUMBAKKAM, REP. BY MANAGER, CHENNAI-600106.
…… …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE OF SALE DATED 30.10.2019 (ANNEXURE-A) ISSUED BY THE R-1 UNDER SECTION 13(4) OF THE SARFAESI ACT R/W RULE 9 OF SECURITY INTEREST (ENFORCEMENT) RULES, 2002.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner fairly submits the Madras High Court in Civil Suit No.612/2019, I.A.No.954/2019 granted interim order restraining the respondents from bringing the properties belonging to the petitioner for sale. In view of the same, the present writ petition would not survive for consideration.
2. The submission is placed on record.
3. In view of the interim order granted by the Madras High Court, the prayer sought in the present writ petition would not survive for consideration. Accordingly, writ petition is disposed off.
Sd/- JUDGE kcm