IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14375 OF 2018 (GM-RES) BETWEEN:
SHRI T. MADAN MOHAN, S/O SHRI T. SRIRAMULU NAIDU, AGED ABOUT 46 YEARS, NO.15, THIRUMALA NILAYA, SR LANE, 4TH CROSS, NEAR CORPORATION BANK, NEW BEL ROAD, BENGALURU - 560 094.
... PETITIONER (BY SRI. VISHWANATH.N, ADV.) AND:
THE AUTHORISED OFFICER, STATE BANK OF INDIA, NO.65, ST.MARKS ROAD, BENGALURU - 560 025.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE FOR AUCTION SALE OF PROPERTY ON 28.03.2018 ISSUED BY THE RESPONDENT BANK IN RESPECT OF PROPERTY OF THE PETITIONER IN THE SAID AUCTION NOTICE VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER None for the petitioner. Record perused.
In this petition, the petitioner has challenged the validity of the action taken by the respondent under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short) by which the property of the petitioner was sought to be sold.
2. The aforesaid sale was scheduled to be held on 28.03.2018. The writ petition is pending before this Court since 2018 in which no interim order has been passed. By now, the sale might have been taken place. In any case, the petitioner has an alternative efficacious remedy of filing the application under Section 17 of the Act before the Debts Recovery Tribunal.
3. It is made clear that this Court has not expressed any opinion on the merits of the case.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE Mds/-