IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.13405 OF 2014 (GM RES) BETWEEN:
SRI K.MUNIYAPPA, S/O SRI CHIKKA KADARAPPA, AGED ABOUT 63 YEARS, RESIDING AT NO.30, 5TH CROSS, DODDANEKKUNDI NEW EXTENSION, CHINNAPPANAHALLI, BANGALORE – 560 048.
... PETITIONER (BY SRI C.VIJAY KUMAR, ADV.) AND 1 THE AUTHORIZED OFFICER, UNION BANK OF INDIA, RETAIL ASSETS BRANCH (ULP), NO.43, 2ND STAGE, NEAR BTS BUS DEPOT, CHANDRA LAYOUT, BANGALORE – 560 040.
2 SRI M.N.MANJUNATH, S/O K.MUNIYAPPA, AGED ABOUT 30 YEARS, R/AT NO.30, 5TH CROSS, DODDANEKKUNDI NEW EXTENSION, CHINNAPPANAHALLI, BANGALORE – 560 048.
3 SRI IRUDAYA AMUL RAJ, S/O NOT KNOWN, AGED ABOUT 35 YEARS, TYCO ELECTRONICS CORPORATION, T.E.PARK, 22B, DODDANEKKUNDI, 2ND PHASE INDL. AREA, WHITE FIELD, BANGALORE -560 048.
... RESPONDENTS (BY P.L. VIJAY KUMAR, ADV. FOR R1-ABSENT R2 & R3 SERVED AND UNREPESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED 25.2.2014 IN REF. NO.1608/2014 FIXING THE SALE ON 29.3.2014 AT 11.00 A.M. ISSUED BY THE R1 VIDE ANN-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the parties. Records perused.
2. In this petition, the petitioner has interalia assailed the validity of the Sale Notice dated 25.02.2014 issued under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002.
3. A Bench of this Court by an ad-interim order dated 26.03.2014 had stayed the Sale notice. Therefore, pursuant to the interim order staying the sale notice, sale obviously might not have taken place. Therefore, prima facie, nothing survives for adjudication in this petition. However, the petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him in law, in case occasion so arises.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE ln.