Karnataka High Court
Tulip Data Services Pvt Ltd vs Saturn Realters Private Limited on 6 June, 2022
Bench: Chief Justice, Ashok S.Kinagi
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT APPEAL NO.456 OF 2022 (GM-RES)
BETWEEN:
1. TULIP DATA SERVICES PVT. LTD.
THROUGH ITS AUTHORIZED SIGNATORY,
MR. VINEET KRISHNAN, HAVING ITS OFFICE AT
NO.162 (P), 163 (P), 164 (P), 165(P)
EPIP INDUSTRIAL AREA, WHITEFIELD,
BANGALORE-560 066.
2. SADA IT PARKS PVT. LTD.
THROUGH ITS AUTHORIZED SIGNATORY,
MR. VINEET KRISHNAN, HAVING ITS OFFICE AT
NO.162 (P), 163 (P), 164 (P), 165(P)
EPIP INDUSTRIAL AREA, WHITEFIELD,
BANGALORE-560 066.
...APPELLANTS
(BY SRI. K. N. PHANINDRA, SR. ADVOCATE FOR
SRI. BHARATH K & SRI. RAMANA M.V.V ,
ADVOCATES)
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AND:
1. SATURN REALTERS PRIVATE LIMITED
REGISTERED OFFICE AT SY NO.86,87,90,91,
SANDHYA TECHNO-I
OPP. SUNSHINE HOSPITAL,
RAIDURG MAIN ROAD,
HYDERABAD,
TELANGANA-500 032.
REP. BY ITS DIRECTOR AND AUTHORIZED
REPRESENTATIVE MR. MIURALIDHAR SARANALA
2. EDELWEISS ASSET RECONSTRUCION COMPANY
LIMITED
(ACTING IN ITS CAPACITY AS A TRUSTEE OF EARC
TRUST SC 244)
REGISTERED OFFICE AT EDELWEISS HOUSE,
OFF CST ROAD, KALINA,
MUMBAI-400098
REP. BY ITS MANAGING DIRECTOR AND CEO
....RESPONDENTS
(BY SMT. A. SATYASIRI, ADVOCATE FOR R1
SRI. DHYAN CHINNAPPA, AAG FOR
SRI. AMIT KUMAR MISHRA, ADVOCATE FOR C/R-2
SRI. UDAYA HOLLA, Sr. ADVOCATE FOR
SRI. GANAPATHY M.S. &
SRI. ADITYA SETHI, ADVOCATES FOR IMPLEADING
APPLICANT IN WRIT PETITION)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO
SET ASIDE THE ORDER DATED 20/04/2022 PASSED BY
THE LEARNED SINGLE JUDGE IN WP 2710/2022.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
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JUDGMENT
This intra court appeal has been filed against an
interlocutory order dated 20.04.2022, passed in
W.P.No.2710/2022, whereby certain directions have
been issued permitting the respondent No.2-Bank to
hold the auction. Respondent No.1-petitioner has
been permitted to participate in the auction
proceedings.
2. Sri. K. N. Phanindra, learned Senior Advocate
appearing for the appellants submits that he has
moved an application for impleadment before the writ
court. He is the borrower and he has right to be
heard. It is also submitted that before finalization of
auction, he should be given notice and be heard.
3. Sri. Dhyan Chinnappa, learned counsel
appearing for the respondent No.2-Bank as well as
Smt. Satyasiri, learned counsel appearing for
respondent No.1 submit that pursuant to the writ
court directions, the auction has already been held
and it is also submitted that the writ court is seized
with the matter and the matter is coming up before
the writ court on 08.06.2022.
4. We have considered the submissions of the
learned counsel appearing on behalf of the appellants
and respondents as well as Sri. Udaya Holla, Senior
Advocate appearing for the impleading applicant in
writ petition. We are of the considered view that
since the matter is seized with the writ court, no
interference is required by the appellate court at this
stage. The auction held by the respondent No.2-
Bank, is subject to further orders passed by the writ
court.
5. Accordingly, the writ appeal is dismissed. It
is needless to observe that the writ court will hear all
the parties, including the appellants, before finalizing
the matter.
6. In view of the order passed by this court,
I.A.Nos.1/2022, 2/2022 and 4/2022 does not survive
for consideration and are disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RD
