IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.25722 OF 2019 (GM - RES) BETWEEN:
SRI. NAGESH S.K., S/O LATE S.T.KRISHNAPPA, AGED ABOUT 50 YEARS, RESIDING AT NO.386, 2ND B MAIN ROAD, BANASHANKARAI 2ND STAGE, BENGALURU – 560 070.
... PETITIONER (BY SRI BHADRINATH R., ADVOCATE (ABSENT)) AND :
1. M/S. NIKHARA ELECTRICALS AND ALLIED TECHNICS, NO.254, HEGGANAHALLI MAIN ROAD, NEAR MOHAN THEATRE, GAJANANA NAGAR, VISHWANANDAM POST, BENGALURU – 560 020.
REPRESENTED BY ITS PARTNERS RESPONDENTS NO. 2 & 3.
2. SRI.B.LAKSHMAN, S/O BALU, AGED ABOUT 69 YEARS, RESIDING AT NO.131, SHESHADRIPURAM, BENGALURU – 560 020.
AND ALSO AT:
C/O SRI.JAYARAMA REDDY, AGRA VILLAGE AND POST, SARJAPURA ROAD, BENGALURU – 560 034.
3. SMT. SHANTHA GOWDA, W/O B.LAKSHMAN, AGED ABOUT 48 YEARS, RESIDING AT NO.131, SHESHADRIPURAM, BENGALURU – 560 020.
4. VIJAYA BANK, (NOW BANK OF BARODA), MAYO HALL BRANCH, M.G.ROAD, BENGALURU – 560 001. REPRESENTED BY ITS AUTHORISED OFFICER.
... RESPONDENTS (BY SRI K.V.LOKESH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AUCTION ORDER/NOTIFICATION DATED 04.06.2019, ANNEXURE – 9, SALE OF IMMOVABLE PROPERTY TO BORROWER UNDER RULE 8(5) AND 9(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002, ISSUED BY THE R-4 AND SAME WAS PUBLISHED IN DAILY NEWS PAPER IN NEW INDIAN EXPRESS AND SAMYUKTA KARNATAKA DATED 04.06.2019 ISSUED BY THE R-4, AUCTION TO BE HELD ON 21.06.2019 AT 11.00 AM TO 12.00 AT SAMB-VIJAYA BANK (NOW BANK OF BARODA), SHRUTHA COMPLEX, PRIMROSE ROAD, OFF M.G.ROAD, BENGALURU – 560 025 AS FOUND AT ANNEXURE – A IN SO FAR AS SCHEDULE PROPERTY IS CONCERNED AND ETC., - - -
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for respondent No.4 submits that in pursuance of the sale notice dated 04.06.2019, which is impugned in this petition, the sale has not taken place.
The aforesaid submission is taken on record.
In view of the aforesaid submission nothing survives for adjudication in this writ petition. However, petitioner is granted liberty to take recourse to such remedy available under law.
Accordingly, petition is dismissed as having become infructuous.
Sd/- JUDGE VMB