IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.40517 OF 2016 & 44419-44431/2016 (GM-RES) BETWEEN:
1. M/S TRADE MINIERALS INDIA PVT LTD HAVING THEIR REGISTERED OFFICE AT NO.304, 3RD FLOOR JAGANNATH MANOR, 2ND CROSS GANDHI NAGAR BELLARY-583103 REPRESENTED BY ITS DIRECTOR MR RAVI MAKHARIA.
2. MR VINOD MAKHARIA AGED ABOUT 30 YEARS S/O GOVIND RAM MAKHARIA, NO.194 GREE GLAN LAYOUT BELLANDUR, BANGALORE-560103.
3. MR MURARI MAKHARIA AGED ABOUT 32 YEARS S/O GOVIND RAM MAKHARIA NO.D-2,2ND FLOOR 1ST BLOCK RAMA RESIDENCY RAMA TEMPLE ROA NEW THIPPASANDRA BANGALORE-560075.
4. MR NANDA KISHORE MAKHARIA AGED ABOUT 34 YEARS S/O GOVIND RAM MAKHARIA NO.202, FERNS HABITAT NEAR TOTAL MALL DODDENEKKUNDI MARATHAHALLI BANGALORE-560037.
ALSO AT:
MR NAND KISHORE MAKHARIA AGED ABOUT 34 YEARS S/O GOVIND RAM MAKHARIA NO.B-3, 3RD FLOOR, 1ST BLOCK 6TH CROSS, KHAGGADASAPURA MAIN ROAD BANGALORE-560066.
5. MR MOHAN MAKHARIA AGED ABOUT 36 YEARS S/O GOVIND RAM MAKHARAI NO.B-3, 3RD FLOOR 1ST BLOCK GALAXY ENCLAVE, 6TH CROSS KHAGGADASAPURA MAIN ROAD BANGALORE-560066.
6. MR GOPAL MAKAHARIA AGED ABOUT 38 YEARS S/O GOVIND RAM MAKHARIA NO.D-2, 2ND FLOOR, 1ST BLOCK RAMA RESIDENCY RAMA TEMPLE ROAD NEW THIPPASANDRA BANGALORE-560075.
7. MR RAVI MAKHARIA AGED ABOUT 35 YEARS S/O VINOD MAKHARIA NO.194, GREEN GLAN LAYOUT BELLANDUR BANGALORE-560103.
8. MRS GITA MAKHARIA W/O MR VINOD MAKAHARIA NO.194, GREEN GLAN LAYOUT BELLANDUR BANGALORE-560103.
9. MRS SITA DEVI MAKHARIA W/O MR GOVIND RAM MAKHARIA NO.D-2, 2ND FLOOR, 1ST BLOCK RAMA RESIDENCY RAMA TEMPLE ROAD, NEW THIPPASANDRA, BANGALORE-560075.
10. MRS SAROJ MAKAHARIA AGED ABOUT 42 YEARS W/O MR MOHAN MAKHARIA NO.B-3, 3RD FLOOR, 1ST BLOCK GALAXY ENCLAVE, 6TH CROSS KHAGGADASAPURA MAIN ROAD BANGALORE-560066.
11. MRS PREM LATHA MAKHARIA AGED ABOUT 44 YEARS, W/O MR GOPAL MAKHARIA NO.D-2, 2ND FLOOR 1ST BLOCK RAMA RESIDENCY, RAMA TEMLE ROAD NEW THIPPASANDRA BANGALORE-560075.
12. MRS PRATHIMA MAKHARIA AGED ABOUT 30 YEARS W/O MR NAND KISHORE MAKHARIA NO.B-3, 3RD FLOOR, 1ST BLOCK GALAXY ENCALVE, 6TH CROSS KHAGGADASAPURA MAIN ROAD BANGALORE-560066.
ALSO AT:
MRS PRATHIMA MAKHARIA W/O MR NAND KISHORE MAKHARIA NO.202, FERNS HABITAT NEAR TOTAL MALL DODDANEKKUNDI MARATHAHALLI, BANGALORE-560037.
13. MRS ANITHA MAKAHARIA AGED ABOUT 28 YEARS W/O MR MURARI MAKHARIA NO.D-2, 2ND FLOOR, 1ST BLOCK RAMA RESIDENCY RAMA TEMPLE ROAD NEW THIPPASANDRA BANGALORE 560075.
14. MRS POONAM MAKHARIA W/O MR RAVI MAKHARIA NO.D-2, 2ND FLOOR 1ST BLOCK RAMA RESIDENCY RAMA TEMPLE ROAD NEW THIPPASANDRA BANGALORE-560075.
(By Mr.ABHISHEK P. SINGH, ADV. FOR Mr. AJESH KUMAR S., ADV.) AND:
1. THE CITY UNION BANK LTD REPRESENTED BY ITS AUTHORISED OFFICER ADMINISTRATIVE OFFICE NO.24-B, GANDHI NAGAR KUMBAKONAM 612001.
2. THE CITY UNION BANK LTD REPRESENTED BY ITS AUTHORISED OFFICER MALLESHWARAM BRANCH NO.82, (OLD NO.1915) 6TH CROSS MALLESHWARAM BANGALORE-560003.
… PETITIONERS … RESPONDENTS (By Mr. R ASHOK KUMAR ADV., FOR R1 & R2 (ABSENT)) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION SALE NOTICE DTD:14.7.2016 ISSUED BY THE RESPONDENT VIDE ANNEX-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Abhishek P.Singh for Mr.Ajesh Kumar S., learned counsel for the petitioners.
None for the respondents.
2. Heard.
3. In this petition filed under Article 227 of the Constitution of India the petitioners inter alia seek a writ of prohibition restraining respondents from taking any action in pursuance of the auction notice dated 14.07.2016 as well as the possession Notice dated 27.01.2016. A Bench of this Court by an order dated 30.01.2019 passed in W.P.No.6594/2018 has held the petitioner has a remedy of filing an application under Section 17 of the Act. For the aforementioned reasons, the petition is disposed of with a liberty that in case the petitioners avails of the remedy provided to him under Section 17 of the Act within three weeks from the date of receipt of the certified copy of the order passed today, the Tribunal shall extend the benefit of principle contained under Section 14 of the Limitation Act, 1963 to the petitioners and shall decide the application.
4. In case the petitioners has deposited the amount of Rs.10 Lakhs as directed by a Bench of this Court by an order dated 19.08.2016, ad-interim order to continue. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS