IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.31373 OF 2019 (GM-RES) BETWEEN:
MR. KRISHNAPPA BANDIWADDAR S/O. PULLIAPPA BANDIWADDAR AGED ABOUT 49 YEARS SITE NO.25 & 26, KARIBOMMANAHALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BANGALORE-560 058. … PETITIONER (BY SMT. KAVITHA.D., ADV.) AND:
M/S. SYNDICATE BANK R.O., ANAND BHAVAN 1ST FLOOR NETTAKALLAPPA CIRCLE BASAVANAGUDI, BANGALORE-560 003. REP. BY ITS CHIEF MANAGER/ AUTHORISED OFFICER … RESPONDENT (BY SRI M.MOHAN RAO, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF CRETIORARI AND SET ASIDE THE E-AUCTION SALE NOTICE DTD.26.06.2019 ISSUED BY THE RESPONDENT UNDER ANNX-H , AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Kavitha.D, learned counsel for the petitioner.
Sri.M.Mohan Rao, learned counsel for the respondent.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has prayed for the following reliefs:
i) Issue a writ in the nature of Certiorari and set aside the e-Auction Sale Notice dated 26.06.2019 issued by the respondent under Annexure-H;
ii) Issue necessary directions to Debt Recovery Tribunal-1, Bengaluru to dispose the S.A.No.411/2018 & I.A.No.534/2018 vide Annexures A and C and I.R (S.A) No.954/2018 vide Annexure-D on merits in accordance with law within some reasonable time frame in the given circumstances;
iii) Issue directions to the respondent to consider the Representation dated 29.03.2019 submitted by the petitioner under Annexure-G;
iv) Issue directions to respondent, pending consideration of Representation dated 29.03.2019 submitted by the Petitioner, not to proceed with any kind of recovery action against the schedule property;
v) Issue such other writ, order or direction/s as may be deemed fit to grant in the given circumstances of the case.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the proceedings before the Debt Recovery Tribunal (hereinafter referred to as ‘DRT’ in short) are pending at arguments stage and the writ petition may be disposed of with a direction to the DRT to conclude the proceedings expeditiously.
5. The aforesaid submission has not been opposed by learned counsel for respondent-Bank.
6. In view of the submissions made and in the facts of the case, the Writ Petition is disposed of with a direction to the DRT to conclude the proceedings preferably within a period of three weeks from the date of receipt of copy of this order.
Accordingly, the Writ Petition is disposed of.
Sd/- JUDGE BNV