IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.2458-2460 OF 2019 (GM-RES) BETWEEN:
1. Dr.Vinay Narayan Pandit, S/o Narayana Pandit, Aged about 38 years, 2. Dr.Rukmini Devi, D/o late Pandit Venkataramachar, Aged about 62 years, 3. Dr.Padma Rajamma, D/o late Pandit Venkataramachar, Aged about 75 years, All are residing at No.1379, 2nd Cross, 24th Cross, Banashankari II Stage, Bengaluru – 560 070.
…Petitioners (By Sri. Roopesha B., Advocate – (Absent)) AND:
Union Bank of India, Malleswaram Branch, Bengaluru.
Represented by its Senior Officer, Sri.Babu Narayan, S/o late Narayan, Aged about 42 years.
… Respondent These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to call for records relating to possession notice dated 29.10.2018 issued by the respondent vide Annexure–D and sale notice bearing No.39200665000526 dated 28.12.2018 issued by the respondent bank vide Annexure – E and etc., These Writ Petitions coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioners.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to the respondent.
Record perused.
2. In these petitions, the petitioners inter alia have assailed the validity of the sale notice dated 28.12.2018 issued by the respondent-Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. In case the sale has been finalized, the petitioners are at liberty to take recourse to remedy provided under Section 17 of the Act. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, these petitions are disposed of.
Sd/- JUDGE Mds/-