IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.13287 OF 2019 (GM-RES) AND 13418-419 OF 2019 BETWEEN:
MOHAMMED ILYAS S/O GHOUSE BAIG, AGED ABOUT 50 YEARS NO.17, 1ST FLOOR, 6TH CROSS, LIC COLONY, 3RD BLOCK EAST, JAYANAGAR, BANGALORE-560 011.
... PETITIONER (BY SRI. SIDDHARTH B. MUCHANDI, ADV.) AND M/S. SOUTH INDIAN BANK SPECIALIZED PERSONAL BANKING BRANCH, JAYANAGARA 4TH BLOCK, BANGALORE – 560 011 BY ITS MANAGER (BY SRI. FRANCIS XAVIER, ADV.) ... RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION LETTERS DATED 14.03.2019 ISSUED BY THE RESPONDENT BANK NOT TO AUCTION THE JEWELRIES OF THE PETITIONER VIDE ANNEXURE-A TO A2.
THESE WRIT PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri Siddharth B. Muchandi, learned counsel for the petitioner.
Sri. Francis Xavier, learned counsel for the respondent.
2. Petitions are admitted for hearing. With consent of the parties, same is heard finally.
3. In these petitions, the petitioner inter alia seeks a writ of certiorari for quashment of auction notices dated 14.03.2019 by which the petitioner was informed to repay the entire dues failing which the jewellery of the petitioner shall be auctioned.
4. When the matter was taken up today, learned counsel for the respondent – Bank submitted that in pursuance to the aforesaid auction notices, the jewellery of the petitioner has not been auctioned.
5. The aforesaid submission is taken on record.
Therefore, nothing survives for adjudication in these writ petitions. Needless to state that in case the petitioner submits a representation with regard to the proposal to settle the loan amount, the same shall be dealt with by the bank, in accordance with law.
6. With the aforesaid liberty, the writ petitions are disposed of.
Sd/- JUDGE RD