IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.2280 & 3127-3129/2018 (GM RES) BETWEEN MR R. PRAKASH S/O LATE R RAMACHANDRA RAO AGED ABOUT 53 YEARS PROPRIETOR: M/S. SUDHA ELECTRICALS & ENTERPRISES, CAMP: NO.201, 1ST FLOOR, 4TH CROSS, 2ND MAIN RAMANJANEYA NAGARA BENGALURU-560 061 ... PETITIONER (BY SMT. KAVITHA D, ADV. [ABSENT]) AND 1. M/S. CORPORATION BANK CORPORATE OFFICE MANGALA DEVI TEMPLE ROAD, PANDESHWAR, MANGALORE-575 001 REP. BY : THE MANAGING DIRECTOR 2. M/S. CORPORATION BANK ZONAL OFFICE, 5TH FLOOR NITESH TIMES SQUARE NO.8, M.G. ROAD BENGALURU-560 001 REP. BY : ZONAL HEAD -BANGALORE SOUTH 3. M/S. CORPORATION BANK NO.1010, GROUND FLOOR 26TH MAIN ROAD, JAYANAGAR 4TH BLOCK, BENGALURU-560 041 REP. BY ITS : CHIEF MANAGER/ AUTHORISED OFFICER 4. M/S. CORPORATION BANK CORPORATE OFFICE MANGALA DEVI TEMPLE ROAD, PANDESHWAR MANGALORE-575001 REP. BY : THE CHIEF VIGILANCE OFFICER 5. THE INSPECTOR GENERAL OF REGISTRATION & COMMISSIONER OF STAMPS GOVERNMENT OF KARNATAKA KANDAYA BHAVANA KEMPE GOWDA ROAD BENGALURU-560 001 6. MR. BIKASH KUMAR AGRAWAL S/O. PURUSOTTAM DAS AGARWALLA AGED ABOUT 39 YEARS R/AT NO.C-202, 2ND FLOOR, ROSE GARDEN APARTMENT BANNERGHATTA MAIN ROAD NEAR AREKERE GATE SIGNAL BENGALURU-560 076 7. MRS. NISHA AGARWAL W/O BIKASH KUMAR AGRAWAL AGED ABOUT 32 YEARS R/AT NO.C-202, 2ND FLOOR, ROSE GARDEN APARTMENT BANNERGHATTA MAIN ROAD NEAR AREKERE GATE SIGNAL BENGALURU-560076 8. MR. M.C.PRABHUNATH, MAJOR C/O. CORPORATION BANK NO.1010, GROUND FLOOR 26TH MAIN ROAD, JAYANAGAR 4TH BLOCK BENGALURU-560 041 9. MRS. NISHA A V., MAJOR C/O. CORPORATION BANK NO.1010, GROUND FLOOR 26TH MAIN ROAD, JAYANAGAR 4TH BLOCK BENGALURU-560 041 ... RESPONDENTS (BY SRI.V.B.RAVISHANKAR, ADV. FOR R1-R4, SRI.Y.D.HARSHA, AGA FOR R5, SRI.B.RAMESH, ADV. FOR R6 & R7, R8 & R9 – SERVED AND UNREPRESENTED.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED SALE NOTICE DATED 3.1.2018 ISSUED BY RESPONDENT AT ANNEX-AC ETC.
THESE WRIT PETITIONS COMING ON FOR ‘ORDERS’, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None appears for the petitioner.
2. Sri.V.B.Ravishankar, learned counsel for respondent Nos.1 to 4. Sri.Y.D.Harsha, learned AGA for respondent No.5. Sri.B.Ramesh, learned counsel for respondent Nos.6 & 7.
3. In these petitions under Article 226 of the Constitution of India, the petitioner seeks quashment of the sale notice dated 03.01.2018.
4. When the matter was taken up for consideration today, learned counsel for the respondents submits that the property in question was already been sold on 03.01.2018 itself and the sale certificate has been issued in favour of respondent Nos.6 and 7. Therefore, challenge to the aforesaid sale notice does not survive.
5. In view of the aforesaid submissions and in the facts of the case, the writ petitions are disposed of with a liberty to the petitioner to take recourse to the remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
With the aforesaid observations, the writ petitions are disposed of.
Sd/- JUDGE VM CT-HR