IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.53005/2017 (GM-RES) BETWEEN:
K ANIL PRABHU, S/O SHRI KAMALAKSHA PRABHU, AGED ABOUT 35 YEARS, PROPRIETOR, MESSERS VIJAYA CASHEW WORKS RESIDENT OF PRABHU COMPOUND, PERAVAJE ROAD KARKALA-574 104, DK DISTRICT. …PETITIONER (BY SRI. K. SREEDHAR, ADV.) AND:
1. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE UDUPI DISTRICT, MANIPALA-576 104.
2. THE CANARA BANK, KARKALA BRANCH, SHREYAS BUILDING, MAIN ROAD, KARKALA-574 104, REPRESENTED BY ITS CHIEF MANAGER. …RESPONDENTS (BY SRI. K.P. YOGANNA, HCGP, FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AUCTION NOTICE DATED 25.10.2017 VIDE ANNEXURE-A AS THE SAME IS ILLEGAL, ARBITRARY, AND UNSUSTAINABLE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Government Advocate to accept notice for respondent No.1 and file memo of appearance in four weeks.
2. The petitioner is before this Court assailing the sale notice dated 25.10.2017 at Annexure-A to the petition. In that light, the petitioner is seeking that the respondent No.2 be directed to consider rescheduling of the loan and permit the petitioner to clear the loan. The sale notice at Annexure-A would disclose that the date for E-auction was fixed as 29.11.2017. In that view, the consideration of the validity of the sale which has already been conducted does not arise at this juncture.
3. However, if the sale in fact has been conducted and if the petitioner has any other grievance with regard to the same, liberty is reserved to the petitioner to assail the same in accordance with law. Further, with regard to the rescheduling of the loan, it is for the petitioner to approach the respondent No.2 in that regard.
Reserving liberty in that regard also, the petition stands disposed of.
Sd/- JUDGE ST