IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION Nos.10102-10103 OF 2015(GM-RES) BETWEEN:
1. SRI.SRINIVASA MURTHY SON OF LATE M.H.MUNISWAMY AGED ABOUT 72 YEARS NO.182/A, GROUND FLOOR NEW NO.5, GANGENAHALLI LAYOUT 2ND MAIN, 9TH CROSS, HEBBAL BENGALURU - 560 032 2. SMT.INDIRA MURTHY WIFE OF SRINIVASA MURTHY AGED ABOUT 67 YEARS NO.182/A, GROUND FLOOR NEW NO.5, GANGENAHALLI LAYOUT 2ND MAIN, 9TH CROSS HEBBAL, BENGALURU - 560 032 ... PETITIONERS (BY SRI A.Y.N.GUPTA, ADVOCATE – ABSENT-) AND:
1. THE STATE BANK OF INDIA STRESSED ASSETS RECOVERY BRANCH FIRST FLOOR, BENGALURU CITY BRANCH J.C.ROAD, BENGALURU - 560 002 2. M/S SKANDASHREE JEWEL CRAFTS C-21A, 2ND FLOOR, C BLOCK BRIGADE MM, NEW K R ROAD YADIYUR, BENGALURU – 560 082 3. SMT.K.B.SHREELAKSHMI WIFE OF K.G.BADRI PRASAD MAJOR BY AGE BADRISHREE NILAYA NO.810, 37TH CROSS 22ND MAIN, 4TH T BLOCK JAYANAGAR BENGALURU – 560 041 4. SMT. A.V. DEVIKA RANI WIFE OF A.V.VIJAYA KRISHNA MAJOR BY AGE NO.222/45, I FLOOR 10TH ‘C’ MAIN ROAD FIRST BLOCK, JAYANAGAR BENGALURU – 560 011 5. SMT D. V. SARASWATHI WIFE OF D S VENKATESH MAJOR BY AGE NO.44/1, 2ND MAIN ROAD TATA SILK FARM BASAVANAGUDI BENGALURU 560 004 6. SRI VIJAYAKRISHNA SON OF LATE A V VISWANATH MAJOR BY AGE NO.222/45, I FLOOR 10TH C MAIN ROAD FIRST BLOCK, JAYANAGAR BENGALURU - 560 011 7. SRI D.S.VENKATESH SON OF NOT KNOWN TO THE PETITIONERS MAJOR BY AGE NO.44/1, 2ND MAIN ROAD TATA SILK FARM BASAVANAGUDI BENGALURU - 560 004 8. MASTER RAHUL SON OF LATE K G BADRI PRASAD MINOR, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN SMT K B SHREELAKSHMI WIFE OF LATE K G BADRI PRASAD BADRISHREE NILAYA NO.810, 37TH CROSS 22ND MAIN, 4TH T BLOCK JAYANAGAR, BENGALURU - 560 041 9. KUMARI KUSHI DAUGHTER OF LATE K G BADRI PRASAD MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT K B SHREELAKSHMI WIFE OF LATE K G BADRI PRASAD BADRISHREE NILAYA NO.810, 37TH CROSS 22ND MAIN, 4TH T BLOCK JAYANAGAR, BENGALURU 560 041.
... RESPONDENTS (BY SRI.K CHANDRASHEKHARA ACHAR, ADVOCATE FOR R1;
R3, R5, R7, R8 & R9 ARE SERVED - UNREPRESENTED ( R8 & R9 ARE MINORS REPRESENTED BY R3) THESE PETITIONS ARE FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DTD.11.02.2015 VIDE ANNEX-A ISSUED BY R-1. QUASH THE E-AUCTION SALE NOTICE DTD.10.2.2015 VIDE ANNEX-B ISSUED BY R-1.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
* * * * O R D E R None appears for the petitioners.
Sri K.Chandrashekhara Achar, learned counsel for Respondent No.1.
2. In these petitions filed under Articles 226 and 227 of the Constitution of India, the petitioners interalia seeks to quash the Sale Notice dated 11.02.2015 issued by Respondent No.1 under Rules 8 and 9 of the Security Interest (Enforcement) Rules, 2002.
3. When the matter was taken up today, learned counsel for Respondent No.1 had submitted that on account of the interim order passed by the Bench of this Court, the sale as scheduled has not taken place and the petitioners have not complied with the conditions of the order of this Court dated 12.03.2015.
4. For the reasons assigned by this Court in the order dated 30.01.2019 in W.P.No.6594 of 2018, these petitions are disposed of with liberty to the petitioners to take recourse to such remedy available to them under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 within a period of four weeks from the date of receipt of the certified copy of the order passed today. The Debt Recovery Tribunal shall extend the benefit of principles contained under Section 14 of the Limitation Act, 1963, to the petitioners and shall decide the application on merits.
It is made clear that this Court has not expressed any opinion on merits of the case.
With the aforesaid liberty to the petitioners, writ petitions are disposed of.
Sd/- JUDGE DH