IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.30346 OF 2019 (GM-RES) BETWEEN:
SRI.BASAVARAJ V.T. AGED ABOUT 55 YEARS S/O LATE SRI.VEERAPPA RESIDING AT NO.3, RAGHU LAYOUT BACKSIDE MARIYAMMA TEMPLE RAMACHANDRAPURA, JALAHALLI POST BANGALORE – 560 013.
(BY MR.GIRISH M. PATIL, ADV.) AND:
1. M/S STATE BANK OF INDIA NO.5/1, PRESTIGE STAR BUILDING … PETITIONER 1ST FLOOR, RING ROAD, NEAR MOTHER DIARY YELAHANKAR NEWTOWN BENGALURU – 560 065 REP. BY SRI.N.PARTHASARATHY AUTHORIZED OFFICER.
2. MR.RAJAGOPALACHAR AGED MAKPR RESIDING AT NO.3, RAGHU LAYOUT BACKSIDE MARIYAMMA TEMPLE RAMACHANDRAPURA, JALAHALLI POST BANGALORE – 560 013.
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO STAY THE E-AUCTION DATED 20.07.2019 AS PER ANNEXURE-D TO D3.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Girish M., learned counsel for the petitioner.
Heard.
2. In this petition under Article 226 of the Constitution of India, the petitioner is seeking for a writ of mandamus directing respondent No.1 to stay the e- auction dated 20.07.2019.
4. In view of the order dated 30.01.2019 passed by this Court in W.P.No.6594/2018 and for the reasons assigned therein, the petitioner has a remedy of filing an application under Section 17(4A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioner avail of the remedy provided to them under Section 17(4A) of the Act within three weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963, to the petitioners and shall decide the application. Needless to state that in case the petitioner files a petition along with an application for stay, same shall be dealt with by the Debt Recovery Tribunal expeditiously within a period of one week from the date of receipt of such application.
With the aforesaid liberty, the petitions are disposed of.
Sd/- JUDGE SS