IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.51514/2019(GM-RES) BETWEEN:
1 . SMT. MANGAMMA W/O V. BALAKRISHNA AGED ABOUT 65 YEARS 2 . MAHENDRA V S/O V. BALAKRISHNA AGED ABOUT 45 YEARS 3 . JYOTHI RAJGOPAL W/O MAHENDRA V AGED ABOUT 35 YEARS ALL ARE RESIDENTS OF DOOR NO.187, (OLD NO.42) 3RD MAIN ROAD AMBEDKAR NAGARA HOPE FARM CIRCLE WHITE FIELD MAIN ROAD BENGALURU-560 066 ...PETITIONERS (BY SRI YOGISH G. C., ADVOCATE) AND:
1 . SRI MATHA MAHILA SAHAKARI BANK NIYAMITHA NO.403/803, 8TH MAIN ROAD, 10TH CROSS, SHASTRI NAGARA BANASHANKARI 2ND STAGE, BENGALURU-560 028.
REPRESENTED BY ITS MANAGER 2 . THE ASSISTANT REGISTRAR AND RECOVERY OFFICER KARNATAKA STATE CO.OPERATIVE BANKS FEDERATION LTD.
NO.132, P. B. NO.2724 K. H. ROAD, BENGALURU-560 027.
…RESPONDENTS (BY SRI C.S. SUDHEER, ADVOCATE FOR SRI G. M. SRINIVASAREDDY, ADVOCATE FOR R1; R2 IS SERVED BUT UNREPRESENTED) **** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARY TO THE RESPONDENT TO QUASH THE SALE AND AUCTION NOTICE DATED 12.11.2019 AT ANNEXURE-B ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners in the present writ petition have sought for a writ of certiorari to quash the Sale and Auction notice dated 12.11.2019 as per Annexure-B.
2. Learned counsel for the petitioners has filed memo of undertaking dated 13.12.2019 that the petitioners will clear the entire outstanding loan due to the Respondent No.1 – bank within four weeks i.e., on or before 14th January 2020.
3. The said memo of undertaking dated 13.12.2019 is placed on record.
4. Sri C.S. Sudheer for Sri G.M. Srinivasa Reddy, learned counsel for Respondent No.1 rightly and fairly submits that the Respondent No.1 – bank has no objection to grant the relief sought for in the writ petition in view of the undertaking filed.
5. In view of the above, the impugned Sale and Auction notice dated 12.11.2019 as per Annexure-B is kept in abeyance till 14th January 2020 subject to the condition that the petitioners shall clear the entire outstanding loan due to the Respondent No.1 – bank on the basis of the undertaking filed before this Court. If for any reason, the petitioners fail to pay the loan due on or before 14th January 2020, the respondents are at liberty to proceed with the impugned sale and auction.
Accordingly, the writ petition is disposed off with the above observations.
Sd/-
JUDGE Gss/-