IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.31596/2019 & 38750/2019(GM-RES) BETWEEN 1. SAI KRISHNA ENTERPRISES PRESENTLY KNOWN AS M/S GURUKRIPA ENTERPRISES, PROPRIETOR- MR APPANNA M, S./O MUDDANAYAKA, AGED 52 YEARS, PRESENTLY R/AT NO.5, "JAYABHARATHI" UDAYARAVI MAIN ROAD, OPP. BRAHMANA DHARMA SANSKARA PRATHITAN, RAMAKRISHNA NAGAR MYSURU-570001 2. MRS. REKHA APPANNA W/O APPANNA M, AGED 40 YEARS, PRESENTLY RESIDING AT NO.5, "JAYABHARATHI"
UDAYARAVI MAIN ROAD, OPP. BRAHMANA DHARMA SANSKARA PRATHITAN, RAMAKRISHNA NAGAR MYSURU-570001 ... PETITIONERS (BY SRI MANMOHAN P.N, ADVOCATE) AND 1. VIJAYA BANK KUVEMPUNAGAR BRANCH, NO.568, SAPTHAGIRI COMPLEX, NEW KANTHARAJ URS ROAD, KUVEMPUNAGAR, MYSORE-570010 REPRESENTED BY ITS AUTHORIZED OFFICER 2. M/S TEJAS MOTORS REPRESENTED BY ITS PROPRIETOR, MR.TAMANAPPA CHANAPPA SURLIKAR, NO.108/4, 80TH MAIN ROAD, II PHASE, 4TH STAGE, VIJAYA NAGAR, MYSORE-570001 ... RESPONDENTS - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE CERTIFICATE DATED 30.03.2019 REGISTERED AS DOCUMENT IN BOOK I, CD NO.MYWD173, REGISTERED BEFORE THE SENIOR SUB- REGISTRAR, MYSORE WEST, MYSURU IN FAVOUR OF THE 2ND RESPONDENT (PRODUCED AS ANNEXURE-J). AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Manmohan P.N. learned counsel for the petitioners.
2. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners have assailed the validity of the Sale Certificate under Rule 9(6) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. When the matters were taken up today, learned counsel for the petitioners fairly submitted that against the Sale Certificate the petitioners have an alternative and efficacious remedy under Section 17 of the Act.
4. For the aforementioned reasons, the petitions are disposed of with a liberty that in case the petitioners avail of the remedy provided to them under Section 17 of the Act within three weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall decide the same on merits in accordance with law. It is made clear that this Court has not expressed any opinion on the merit of the case.
Sd/- JUDGE TL