IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15004 OF 2019(GM-DRT) BETWEEN:
M/s.Navbhan Mineral Processing Private Limited, A company incorporated under the Companies Act 1956, Having its Office at Plot No.243, Bommasandra Industrial Area, 3rd Phase, Hosur Road, Attibele Hobli, Anekal Taluk, Bengaluru-560 099.
Represented by its Director, Sri C.Kantilal, Aged about 68 years … Petitioner (By Sri.Paras Jain, Advocate) AND:
1. Canara Bank, S.M.E Bommasandra Branch, KIADB Complex, Bommasandra, Bengaluru-560 099. Rep. by its Manager.
2. Recovery Officer-II Debt Recovery Tribunal-1, Bengaluru, Jeevan Mangal Building, 1st Floor, No.4, Residency Road, Bengaluru-560025. … Respondents (By Sri.M.S.Vinayaka, Advocate for C/R-1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the sale proclamation notice issued in DCP.No.7949 dated 28.03.2019 by the R-2 (Annexure-B) and etc.
This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Sri.Paras Jain, learned counsel for the petitioner.
Sri.M.S.Vinayaka, learned counsel for caveator/respondent No.1.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for a writ of certiorari for quashment of the sale notice dated 28.03.2019 passed by respondent No.2.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the proclamation for sale has been issued in contravention to Rule 52 (2) of the II Schedule appended to the Income Tax Act, 1961. It is further submitted that the respondents have no authority in law to take possession of the property in question.
efficacious remedy under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
5. In view of the aforesaid submission and in the facts of the case, the writ petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him under the law.
6. Needless to state that for a period of eight weeks from today, the sale in question shall be kept in abeyance by the respondent.
7. Office is directed to return the original Sale Notice to learned counsel for the petitioner on substitution there of by a photo copy.
8. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-