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.13363 OF 2014 (GM RES) BETWEEN:
1 SRI. K.RAMAKRISHNA, S/O LATE SHRI KAIAIAH AGED ABOUT 65 YEARS, 2 SMT.K.H.LALITHAMBA, W/O SRI K.RAMAKRISHNA, AGED ABOUT 56 YEARS, BOTH ARE RESIDING AT NO.77, 1ST MAIN, 3RD STAGE, B.S.K. 3RD PHASE, 6TH BLOCK, BANGALORE – 560 085.
... PETITIONERS (BY SRIG.B.NANDISH GOUDA, ADVOCATE FOR SRI R.B.SADASIVAPPA, ADV.) AND 1 STATE BANK OF INDIA, RETAIL NETWORK -1, 2ND FLOOR, B.K.G. COMPLEX AVENUE ROAD, BANGALORE-560254 REPRESENTED BY ITS AUTHORISED OFFICER.
2 THE MANAGER, STATE BANK OF MYSORE, KATRIGUPPE BRANCH, KATRIGUPPE, BANGALORE – 560 085.
... RESPONDENTS (BY SRI K.S.VENKATARAMANA, ADVOCATE. FOR R2 – ABSENT; R1 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICAITON ISSUED BY THE R1 VIDE ANNEX-F PUBLISHED IN THE DAILY ENGLISH PAPER I.E., ‘THE HINDU’ DTD.16.2.2014 AS FAR AS IT RELATES TO ITEM NO.18 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. G.B.Nandish Gowda, learned Counsel for the petitioner.
Mr.K.S.Venkataramana, learned Counsel for the respondent No.2-absent.
2. In this writ petition, petitioners, inter alia, seek quashment of the notification dated 16.02.2014 insofar as it pertains to item No.18 issued under the provisions of the the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as ‘SARFAESI Act’ for short) 3. When the matter was taken up today, learned counsel for the petitioners submitted that in compliance of the interim order dated 19.03.2014, sale of the property belonging to the petitioners has not taken place.
4. In view of the aforesaid submission, nothing survives for adjudication in this writ petition. However, the petition is disposed of with a liberty to the petitioners to take recourse to such remedy as may be available to them under the law in case occasion so arises .
With aforesaid liberty, the petition is disposed of.
Sd/- JUDGE ln.