IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 29TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B.M.SHYAM PRASAD WRIT PETITION NOS 31897-900 OF 2018(GM-DRT) BETWEEN :
1. KHUSHALCHAND D. SHAH, SON OF DHANANJI KALYANJI AGED ABOUT 66 YEARS, 2. NALINI KHUSHALCHAND DHARMSHI WIFE OF KHUSHALCHAND D. SHAH AGED AB OUT 65 YEARS, 3. RAHUL K.DARMSHI, SON OF KHUSHALCHAND D.SHAH, AGED ABOUT 44 YEARS, 4. MEHUL K.DHARMSHI, SON OF KHUSHALCHAND D. SHAH, AGED ABOUT 40 YEARS, ALL ARE RESIDING AT NO.898, 10TH CROSS, 22ND MAIN, J.P. NAGAR 2ND PHASE, BANGALORE – 560 007. ...PETITIONERS (BY SRI.NARAYANAN M.R., ADVOCATE [ABSENT]) AND :
1. K.S. AMARNATH, SON OF KATTA SURIAHSHETTY SREERAM, ‘UNNATHI’, NO.1089, 35TH ‘D’ CROSS, 26TH MAIN, 4TH ‘T’ BLOCK, JAYANAGAR, BANGALORE-560 041 MAJOR, AGE NOT KNOWN TO THE PETITIONERS, NOT FURNISHED IN THE TRIAL COURT.
2. K.S.BADRINATH, SON OF KATTA SURIAHSHETTY SREERAM, NO.523, 8TH CROSS, 7TH BLOCK, JAYANAGAR (WEST), BANGALORE – 560 082 MAJOR, AGE NOT KNOWN TO THE PETITIONERS, NOT FURNISHED IN THE TRIAL COURT.
3. STANDARD CHARTERED BANK, 3RD FLOOR, EAST WING, NO.26, RAHEJA TOWERS, M.G. ROAD, BANGALORE – 560 001.
REPRESENTED BY ITS AUTHORISED OFFICER MR.MURUGESAN SENTHIL KUMAR, MAJOR, AGE NOT KNOWN TO THE PETITIONERS, NOT FURNISHED IN THE TRIAL COURT. …RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE IMPUGNED ORDER PASSED BY THE HON’BLE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI VIDE ITS COMMON ORDER DATED 25.01.2018 VIDE ANNEXURE ‘C’, CONSEQENTLY DECLARE AS FRAUDULENT AND ILLEGAL AND UNLAWFUL AND SET- ASIDE THE SALE CERTIFICATE DATED 27.02.2013 EXECUTED BY THE RESPONDENT – BANK IN FAVOUR OF THE RESPONDENT AUCTION PURCHASERS NO. 1 AND 2 WHICH IS EXECUTED AS PER APPENDIX V READ WITH RULE 9(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002, WHICH IS REGISTERED IN THE OFFICE OF THE SUB-REGISTRAR BANASHANKARI, BANGALORE VIDE ANNEXURE ‘A’.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER None appears for the petitioners nor there is any representation. It is apparent that the petitioners are not interested in prosecuting these petitions. Hence, the petitions are dismissed.
SD/- SD/-
JUDGE JUDGE SPS