IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30981/2019 (GM-RES) BETWEEN:
M/S.JAIN STEELS AND ALLOYS, REPRESENTED BY ITS PARTNERS SRI KANAKAMULL C., S/O.CHAMPALAL, AGED 65 YEARS, R/AT NO.110, M.M.ROAD, FRAZER TOWN, BANGALORE – 560 005. .. PETITIONER (BY SMT.SANDYA U.PRABHU, ADV.) AND:
CANARA BANK, AUTHORISED OFFICER, DCOSTA SQUARE BRANCH, NO.98/1-2, WHEELER ROAD EXTENSION, COOKE TOWN, BANGALORE – 560 005. .. RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI CHALLENGING SALE NOTE DATED 25.06.2019 PUBLISHED IN INDIAN EXPRESS DATED 27.06.2019 VIDE ANNEXURE-D ISSUED BY THE RESPONDENT AND DIRECT THE RESPONDENT TO RECONSIDER THE REPRESENTATION DATED 11.09.2018 VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In view of the submission made by learned counsel for petitioner, office objection is ignored.
Smt.Sandya U.Prabhu, learned counsel for the petitioner.
2. Heard on the question of admission.
3. In this petition under Articles 226 & 227 of the Constitution of India, the petitioner inter alia has assailed the validity of the sale notice dated 25.06.2019 issued under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002. Petitioner also seeks to reconsider the representation dated 11.09.2018 contained in Annexure-A.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petition be disposed of with a direction to the respondent – Bank to consider the representation dated 11.09.2018 submitted by the petitioner vide Annexure-A afresh by a speaking order in accordance with law.
5. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the respondent - Bank to consider and decide the representation dated 11.09.2018 submitted by the petitioner vide Annexure-A, if not already decided, in accordance with law by a speaking order within a period of one week from the date of receipt of a certified copy of the order passed today.
6 It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE PKS