IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.50395 OF 2018 (GM-RES) BETWEEN:
M/S. JANANI STEELS REP. BY ITS MANAGING DIRECTOR K.LINGADURAI S/O KASINADAR NO.54, C.K.P. LAYOUT VILAYANKADU MAIN ROAD KUMAR NAGAR, TIRUPUR TAMIL NADU - 641 603.
... PETITIONER (BY SRI M T NANAIAH, SR. ADV. A/W SRI PRABHUGOUD B TUMBIGI, ADV.) AND:
1. STATE BANK OF INDIA STRESSED ASSETS MANAGEMENT BRANCH BENGALURU REP. BY AUTHORIZED OFFICER SRI B NARASIMHAM ASSISTANT GENERAL MANAGER (CLO-5) 2ND FLOOR, OFFICE COMPLEX BUILDING SBI LHO CAMPUS, NO.65 ST. MARK’S ROAD BENGALURU - 560 001.
2. THE INSPECTOR SULIBELE POLICE STATION SULIBELE, HOSKOTE TALUK BENGALURU RURAL DISTRICT.
... RESPONDENTS (BY SRI VIGNESH SHETTY, ADV. OR R1 SRI VIJAY KUMAR A PATIL, AGA. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO EITHER PROTECT TO LIFT THE MOVABLE ASSETS OR RETURN THE 90% OF THE AMOUNT IN TOTAL DEPOSITED AMOUNT OF RS.2,52,00,000/- KEEPING 10% WITH THEM TO THE PETITIONER TILL LABOUR PROBLEMS AND OTHER PROBLEMS ARE CLEARED/SOLVED BY THE RESPONDENT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr.M.T.Nanaiah, learned Senior Counsel for Mr.Prabhugoud B Tumbigi, learned counsel for the petitioner.
Mr.Vignesh Shetty, learned Counsel for respondent No.1 and Mr.Vijay Kumar A Patil, learned Additional Government Advocate for respondent No.2.
Learned Senior Counsel seeks leave of this Court to implead the State of Karnataka, Home Department as well as Station House Officer, Sulibele Police Station, Hosakote.
Let the cause title be amended during the course of the day.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia prays for the following reliefs:
“(i) Issue a writ of mandamus thereby directing the respondent to either protect to lift the movable assets or return the 90% of the amount in total deposited amount of Rs.2,52,00,000/- keeping 10% with them to the petitioner till labour problems and other problems are cleared/solved by the respondent, in the interest of justice and equity, and (ii) Issue any other suitable writ or order or direction which the Hon’ble Court deems fit in the circumstances of the case.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner is the successful bidder to the moveable assets in the e-auction conducted on 18.09.2018 and has deposited the entire amount. However, the petitioner has not been permitted to remove the moveable assets which the petitioner had purchased in the aforesaid e-auction.
4. With regard to the grievance, the petitioner is directed to make an application to respondent No.2 namely the Station House Officer, Sulibele Police Station, Hosakote seeking police assistance to the petitioner, so as to enable him to remove the movables which he has purchased in the e-auction.
5. On the other hand, Mr.Vijay Kumar A Patil, learned Additional Government Advocate submits that in case, such a representation is submitted, suitable action will be taken.
6. I have considered the submissions made by the learned counsel for the parties.
7. Admittedly, the petitioner has purchased the movable assets in the e-auction and has paid the entire amount to respondent No.1-Bank. However, some of the labourers are not permitting the petitioner to lift the movables.
8. In the aforesaid circumstances, this writ petition is disposed of, with liberty to the petitioner to make an appropriate application to respondent No.2 seeking police assistance.
Needless to state that in case, such an application is made by the petitioner, respondent No.2 shall provide police assistance to the petitioner to enable him to remove the moveable assets from the property in question, as he has purchased the same in the e-auction conducted on 18.09.2018.
Sd/- JUDGE mpk/-* ct:bms