IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.23200/2019 (GM-RES) BETWEEN:
NOOR FATHIMA, D/O. GHOUSE BAIG, AGED ABOUT 37 YEARS, NO.17, 1ST FLOOR, 6TH CROSS, LIC COLONY, 3RD BLOCK EAST, JAYANAGAR, BANGALORE-560 011.
(BY SRI. SIDDHARTH B. MUCHANDI, ADV.) AND:
M/S. SOUTH INDIAN BANK, SPECIALIZED PERSONAL BANKING BRANCH, JAYANAGARA 4TH BLOCK, BANGALORE, BY ITS MANAGER.
(BY SRI. 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 DTD:27.5.2019 ISSUED BY THE RESPONDENT BANK AND DIRECT THE RESPONDENT BANK NOT TO AUCTION THE JEWELLERIES OF THE PETITIONER VIDE ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS 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. Petition is admitted for hearing. With the consent of the parties, same is heard finally.
3. In this petition under Articles 226 & 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 bearing document No.BR/GEN/23/19-20.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the respondent – bank be directed to issue demand notice to the petitioner before proceeding further with 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 PKS