IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.49728/2018 (GM-RES) BETWEEN:
1. MS. VARSHA MANIMARAN D/O LATE MANIMARAN S & LATE MRS M MALATHI AGED 20 YEARS, VIT AP UNIVERSITY AMARAVATHI VIT ROAD NEAR A.P. GOVT SECRETARIAT INAVOLU ANDHRA PRADESH-522237 2. SHASHWAT MANIMARAN S/O LATEMANIMARAN S & LATE MRS M MALATHI MINOR IN AGE, SHRISHTI SCHOOL KATPADI RANIPET ROAD VELLROE TAMILNADU-632014 REPRESENTED BY GUARDIAN MS VARSHAN MANIMARAN.
... PETITIONERS (By Sri. MANMOHAN.P.N, ADV.) AND 1. CITY UNION BANK LIMITED ADMINISTRATIVE OFFICE NO.24-B, GANDHI NAR KUMBAKONAM-612001 REPRESENTED BY ITS AUTHORISED OFFICER 2. CITY UNION BANK LIMITED MALLESHWARAM BRANCH NO.58/1, 13TH CROSS, MARGOSA ROAD, MALLESHARAM BENGALURU-560003 REPRESENTED BY ITS BRANCH HEAD 3. M/S SHALINI TEXTILE & READYMADE NO.18, NEAR SRIRAM TEMPLE DEVRACHIKKANAHALLI BENGALURU-560068 REPRESENTED BY ITS PROPRIETORS 4. MR. M.N.CHENNAIYAN S/O M.N.NAGARJ AGE NOT KNOWN TO THE PETITIONERS NO.18, CHANDA REDDY LAYOUT, NEAR SRIRAM TEMPLE DEVARCHIKKANAHALLI BENGALURU-560068 5. MRS. SUMATHI W/O MR. M.N.CHENNAIYAN AGE NOT KNOWN TO THE PETITIONERS NO.18, CHANDA REDDY LAYOUT, NEAR SRIRAM TEMPLE DEVARCHIKKANAHALLI BENGALURU-560068.
... RESPONDENTS (By Sri. PRAKASH HEGDE.K, ADV. FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE TENDER CUM AUCTION SALE NOTICE DATED 29.9.2018 ISSUED BY R-1 AT ANNEX-D.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. Manmohan.P.N, learned Counsel for the petitioners.
Mr. Prakash Hegde.K, learned Counsel for the respondents No.1 and 2.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this petition, petitioners inter alia seek issue of a writ of certiorari and quash the Tender cum Auction sale notice dated 29.09.2018, by which the property belonging to the petitioners is sought to be sold in exercise of powers under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002 r/w Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act’ for short).
3. 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 remedy available for the petitioners is to file an application under Section 17 of the Act.
4. Accordingly, the petition is disposed of with liberty to the petitioners that in case they file an application before the Debts Recovery Tribunal within a period of three weeks from the date of receipt of certified copy of the order passed today, they shall be entitled to the benefit of principles contained under Section 14 of the Limitation Act, 1963 and Debts Recovery Tribunal is directed to dispose of the same on merits.
It is further directed that ad-interim order, if any, granted by this court shall continue for a period of three weeks provided the petitioners have complied with the conditions mentioned therein.
Sd/- JUDGE ln.