IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.23201 OF 2019 (GM-RES) BETWEEN:
MOHAMMED ILYAS S/O GHOUSEBAIF AGED ABOUT 50 YEARS NO.17 1ST FLOOR 6TH CROSS LIC COLONY 3RD BLOCK EAST JAYANAGAR BANGALORE - 560011 (By MR.SIDDHARTH B MUCHANDI, ADV.) AND:
M/S SOUTH INDIAN BANK SPECIALIZED PERSONAL BANKING BRANCH JAYANAGARA 4TH BLOCK BANGALORE - 560 011 BY ITS MANAGER (By MR.FRANCIS XAVIER, ADV.) - - -
… PETITIONER … RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION LETTER DATED 27.05.2019 ISSUED BY THE RESPONDENT BANK AND DIRECT THE RESPONDENT BANK NOT TO AUCTION THE JEWELRIES OF THE PETITIONER VIDE ANNEXURE-A; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Siddharth B.Muchandi, learned counsel for the petitioner.
Mr.Francis Xavier, 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 quashing the auction letter dated 27.05.2019 issued by the respondent - bank and directing the respondent bank not to auction the jewelries of the petitioner vide Annexure-A.
4. When the matter was taken up today, learned counsel for the petitioner submitted that according to the petitioner, he has deposited the entire amount which is due and payable by him i.e. a sum of `5,00,000/-. However, he has not been apprised of the sum due and payable and the respondent – Bank be directed to issue demand notice to the petitioner before proceeding further in the matter.
5. On the other hand, learned counsel for the respondent submits that the respondent shall take action against the petitioner only after issuing demand notice.
6. In view of the aforesaid submissions and in the facts of the case, writ petition is disposed of with a direction to the respondent – Bank to issue demand notice to the petitioner and thereafter, proceed against the petitioner in accordance with law.
Sd/- JUDGE RV