IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 54159/2016 (GM-DRT) BETWEEN:
SRI MUNCHOOR MOHDEEN SHARIFF S/O IDINABHA, AGED ABOUT 56 YEARS, R/AT NO. 21/63, DINDOTHOTE HOUSE, SRINIVASA NAGAR POST, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT.
(By Sri. MOHAMMED AKHIL, ADV.-ABSENT) .. PETITIONER AND 1. THE AUTHORIZED OFFICER UNION BANK OF INDIA, KATYANANI ANNAPOORNESHWARI COMPLEX, KALAKUNJI CIRCLE, MANGALORE - 575 003.
2. SRI. ABDUL JABBAR S/O SRI ABDUL KHADAR, MAJOR, R/O NO. 501, PENT HOUSE, NEAR SALAFI CENTRE, KANKANADY MANGALORE - 575 002.
... RESPONDENTS (By Sri. S.R.NARAYANAPPA, ADV. FOR R1-ABSENT SRI.S.B.KRISHNA, ADV. FOR R2-ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 NOT TO ISSUE SALE CERTIFICATE TO THE R-2, AND VALUATION FIXED BY THE R-1 BANK AS PER THE OLD VALUATION AND DIRECT THE R-1 TO RECEIVE THE ENTIRE LOAN AMOUNT AND RELEASE THE TITLE TO THE PROPERTY.
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.
2. In this writ petition, the petitioner, inter alia, seeks a direction to respondent No.1 not to issue Sale certificate in favour of respondent No.2. The petitioner also seeks a direction to respondent No.1 to receive the entire loan amount and release the title of the property.
3. This writ petition has been filed being aggrieved by the action taken by the respondent-Bank under the provisions of The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (‘SARFAESI Act’ for short), which is pending before this Court since 2016, in which no interim order has been passed. Therefore, nothing survives for adjudication in this matter.
Hence, the writ petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to him under the law, if the grievance of the petitioner subsists.
Sd/- JUDGE ln.