IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14121 OF 2019 (GM-RES) BETWEEN:
SRI VITTALA DEVARAJU OF SRI SHIROOR MUTT UDUPI CAR STREET UDUPI – 576 101 REPRESENTED BY ITS ADMINISTRATOR SRI.VITTALA BHAT.S AGED 65 YEARS S/O ANANTHA PADMANABHA BHAT R/AT YESHODANATHA H.NO.1-76-B, BUDNAR KUNJIBETTU UDUPI – 576 102.
(BY MR.S.K.ACHARYA, ADV.) AND:
1. CORPORATION BANK MANIPAL BRANCH (128) P.B.NO. 88 MANIPAL – 576 104 UDUPI DISTRICT REPRESENTED BY ITS CHIEF MANAGER.
2. THE AUTHORISED OFFICER CORPORATION BANK MANIPAL – 576 104 UDUPI DISTRICT.
… PETITIONER … RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED E0AUCTION PROCEEDINGS DATED: 05.03.2019 PASSED IN PUBLISHED IN INDIAN EXPRESS DAILY NEWSPAPE FIXING THE DATE OF AUCTION OPN 29.03.2019 AND TO DELARE THE E-AUCTION PROCEEDINGS VIDE ANNEXURE-A, AS NULL AND VOID AND ALSO ILLEGAL.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.S.K.Acharya, learned counsel for the petitioner.
2. In this petition, the petitioner has assailed the validity of the notice dated 05.03.2019 issued under Rule 8(6) of the Security Interest (Enforcement ) Rules, 2002(hereinafter referred to as ‘the Rules’ for short).
3. Learned counsel for the petitioner submitted that the Swamiji of the petitioner Mutt has not been appointed and therefore, the action of the respondent- Bank in proceeding under the Security Interest Rule is void ab initio as the same amounts to taking an action against a dead person. Be that as it may, needless to state that it is open to the petitioner to raise all such contentions before the Forum, which is available to the petitioner under law. For the reasons assigned by this Court, the order is disposed of with a liberty to the petitioner to submit a representation before the Debt Recovery Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE SS