IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.38728-38729 OF 2018 (GM-RES) BETWEEN:
1. SRI THOPEGOWDA S/O.JANARDHANAGOWDA AGED ABOUT 54 YEARS 2. SRI BALAGANGADHAR L. S/O.LATE LINGAIAH AGED ABOUT 65 YEARS BOTH ARE R/AT NO.380 2ND CROSS, 3RD MAIN KAMALANAGARA BENGALURU-560 079 … PETITIONERS (BY SRI M.Y.LOKESHA, ADVOCATE [ABSENT]) AND:
1. SMT.LAKSHMAMMA W/O.KRISHNAPPA AGED ABOUT 45 YEARS R/AT NO.14, 8TH CROSS SHAKTIGANAPATHI TEMPLE ROAD BASAVESHWARANAGARA BENGALURU-560 079 2. ALLAHABAD BANK ZONAL OFFICE, N 603 MANIPAL CENTRE NO.47, DICKENSON ROAD BENGALURU-560 042 REP. BY ITS AUTHORISED OFFICER … RESPONDENTS (BY SRI P.L.VIJAYA KUMAR, ADVOCATE FOR C/R2 [ABSENT]) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SECOND RESPONDET BANK NOT TO DISPOSSESS THE PETITIONERS FROM THE SCHEDULE PROPERTY AS PER THE NOTICE DATED 24.07.2018 (ANNEXURE-D) ISSUED BY THE SECOND RESPONDENT BANK HOLDING THE SAME AS ILLEGAL.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R None for the parties. Record perused.
2. In these petitions, the petitioners inter alia have assailed the sale notice dated 24.07.2018 issued by respondent No.2-Bank under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘the Act’ for short).
3. The writ petitions are pending before this Court since 2018 in which no interim order has been passed. By now, the sale might have been taken place.
4. In view of the decision of this Court in the order dated 30.01.2019 passed in W.P.No.6594/2018 and for the reasons assigned therein, the alternative efficacious remedy available for the petitioners is to file an application under Section 17 of the Act before the Debt Recovery Tribunal. Therefore, I am not inclined to entertain the writ petitions.
With the aforesaid liberty, the petitions are disposed of.
Sd/- JUDGE hkh.