IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.1321/2017 & WRIT PETITION NOs.3162-3163/2017 (GM-RES) BETWEEN:
1. M/S. MECPROSYS MACHINE TOOLS PVT LTD., NO.B-178, 4TH MAIN, 2ND STAGE PEENYA INDUSTRIAL ESTATE BANGALORE – 91 REPRESENTED BY ITS MANAGING DIRECTOR.
2. SRI.V.SURYANARAYAN S/O SRI.VENKATADOSS AGED ABOUT 46 YEARS.
3. SMT.ANUPAMA S.RAO W/O SRI. SURYANARAYAN AGED ABOUT 37 YEARS.
THE PETITIONERS NO.2 AND 3 ARE RESIDING AT NO.127 GIRIVASA, 2ND MAIN ROAD ANNAPURNESHWARI NAGAR RHCS LAYOUT BANGALORE – 560 091. …PETITIONERS (BY SRI.GURU PRASAD.A, ADV.) AND:
THE AUTHORIZED OFFICER STATE BANK OF MYSORE M.G.ROAD BRANCH, 2ND FLOOR ALMAS CENTER (ABOVE NAVARATHNA JEWELERS) M.G.ROAD BANGALORE – 560 001. …RESPONDENT (BY SRI.PRASANNA KUMAR .B, ADV. FOR C/R.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE NOTICE DATED: 29.12.2016 ISSUED BY THE RESPONDENT BANK UNDER SECTION 13(4) OF SECURITIZATION ACT AND PUBLISHED IN THE NEW INDIAN EXPRESS NEWS PAPER ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners are before this Court assailing the sale notice pursuant to the proceedings initiated under the provisions of the SARFAESI Act.
2. Since, the petitioners are assailing the same on the grounds as urged in these petitions, they have an alternate remedy as provided under Section 17 of the SARFAESI Act. Hence, reserving liberty to the petitioners to avail the appeal remedy, these petitions stand disposed of.
Sd/- JUDGE ST