IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.47711/2017 (GM-RES) BETWEEN:
RAVINDRA R AGED ABOUT 32 YEARS S/O LATE K L RAME GOWDA RESIDING AT #130, 1/C CROSS 3RD MAIN ROAD, NIVEDITHA NAGAR MYSORE – 570 022 …PETITIONER (BY SRI.SAMARTH PRAKASH, ADV.) AND:
DEWAN HOUSING FINANCE CORP. LTD MYSORE BRANCH MYSORE RPU NO.82, 1ST FLOOR ABOVE IDBI BANK DR.RAJAKUMAR ROAD, 2ND BLOCK RAJAJINAGAR BANGALORE – 560 010. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE E-AUCTION NOTICE ISSUED BY RESPONDENT BANK DATED 19.09.2017 VIDE ANNEXURE – A IN RESPECT OF SCHEDULE PROPERTY ON 26.10.2017 AT 3 PM TO GIVE AN OPPORTUNITY TO THE PAY THE EMI AMOUNT TO THE RESPONDENT BANK.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The instant writ petition would not be maintainable before this Court since, the respondent does not answer the requirement as provided under Article 12 of the Constitution of India. In any event, if the petitioner is aggrieved by the action initiated by the respondent, the petitioner has the remedy of appeal as provided under Section 17 of the SARFAESI Act.
Hence, reserving such liberty to the petitioner, the petition stands disposed of.
Sd/- JUDGE ST