IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION No.47974/2016 (GM-RES) BETWEEN SYED KAREEM S/O LATE SYED HUSSAIN AGED 60 YEARS NEAR EDGAH MOHALLA CIRCLE KURIPALYA TUMAKUR – 572101 ... PETITIONER (BY SRI MARKANDA SETTI, ADV. FOR SRI N. SURESHA, ADV.) AND 1. STATE BANK OF INDIA TUMKUR BRANCH 1ST FLOOR, VOKKALIGARA SANGH COMPLEX M G ROAD, TUMAKURU - 572101 REPRESENTED BY ITS AUTHORISED OFFICER 2. SMT. NASREEN TAJ W/O SYED KAREEM AGE 50 YEARS RESIDING AT 1862, 18TH B MAIN, 4TH T BLOCK JAYANAGARA, BENGALURU – 560041 ... RESPONDENTS (BY SRI TULSI KUMAR B N, ADV. FOR C/R1, R-2 – SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED 03.08.2016 AT ANNEX-B ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Markanda Setti for Sri.N.Suresha,, learned counsel for the petitioner and Sri.Tulsi Kumar.B.N., learned counsel for caveator-respondent No.1.
2. In this petition under Articles 226 and 227 of the Constitution of India, petitioner has assailed the validity of the sale notice dated 03.08.2016 issued by the respondent- Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.
3. When the matter was taken up today for consideration, learned counsel for the respondent-Bank submits that in respect of the aforesaid sale notice, the sale auction has not been taken place.
4. The aforesaid submission is taken on record.
In the result, writ petition is dismissed as infructuous.
Sd/- JUDGE VM CT-HR