IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.49459 & 50360 OF 2018 (GM-RES) BETWEEN:
1. P.SANJEEVA RAO S/O. P. SATHYAM AGED ABOUT 43 YEARS R/AT LAKSHMI NILAYA SRINIVASA NAGAR CHICKMAGALUR-577 101 2. SMT. LAKSHMI P.
W/O. P. SANJEEVA RAO AGED ABOUT 39 YEARS R/AT LAKSHMI NILAYA SRINIVASA NAGAR CHICKMAGALUR-577 101 … PETITIONERS (BY SRI MANMOHAN P.N., ADVOCATE) AND:
1. CANARA BANK GOVERNMENT OF INDIA UNDERTAKING CHICKMAGALUR MAIN CHICKMAGALUR-577 101 REPRESENTED BY ITS AUTHORIZED OFFICER 2. THE DEPUTY COMMISSIONER CHICKMAGALUR DISTRICT CHICKMAGALUR-577 101 … RESPONDENTS (BY SRI H.S.RUKKOJI RAO, ADVOCATE FOR C/R1; SRI Y.D.HARSHA, AGA FOR R2) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH E-AUCTION NOTICE DATED 10.10.2018 (ANNEXURE-E) ISSUED BY THE FIRST RESPODNENT AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Manmohan P.N., learned Counsel for the petitioners.
Sri H.S.Rukkoji Rao, learned Counsel for Caveator/ respondent No.1.
Sri Y.D.Harsha, learned Additional Government Advocate for respondent No.2.
2. In these petitions, the petitioners inter alia assailed the validity of e-auction notice issued under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
3. When the matters were taken up today, learned Counsel for the petitioners submitted that in pursuance of the impugned notice, sale has not taken place. Therefore, nothing survives for adjudication.
4. In view of the aforesaid submission, the writ petitions are disposed of with liberty to take recourse of such remedy as may be available to the petitioners under law, in case, occasion arises.
With the above observation, the writ petitions are disposed of.
Sd/- JUDGE LB