Karnataka High Court
M/S Shweta Rubber Products vs City Union Bank Ltd on 2 August, 2023
Bench: Sachin Shankar Byssmj
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NC: 2023:KHC-D:8177
WP No. 104617 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 104617 OF 2023 (GM-RES)
BETWEEN:
1. M/S. SHWETA RUBBER PRODUCTS,
PANJARPOL COMPLEX, KARWAR ROAD,
HUBBALLI-580024,
REPRESENTED BY ITS PROPRIETOR,
ISHWARAPPA S/O. SHIVABASAPPA SAJJANAR.
2. ISHWARAPPA S/O. SHIVABASAPPA SAJJANAR,
AGE: 63 YEARS, OCC: BUSINESS,
R/O: NO. 103, SHANTA RESIDENCY,
WARD NO.59, SHREYA NAGAR,
NEAR TATVADARSHA HOSPITAL,
2ND MAIN, HUBBALLI-580030.
3. SMT. SUVARNA W/O. ISHWARAPPA SAJJANAR,
AGE: 58 YEARS, OCC: HOMEMAKER,
R/O: NO. 103, SHANTA RESIDENCY,
WARD NO.59, SHREYA NAGAR,
Digitally signed
NEAR TATVADARSHA HOSPITAL,
2ND MAIN, HUBBALLI-580030.
by
MOHANKUMAR
B SHELAR
MOHANKUMAR
B SHELAR Location:
DHARWAD
Date:
2023.08.08
12:53:58 -0700
4. SHRUTI D/O. ISHWARAPPA SAJJANAR,
AGE: MAJOR, OCC: PRIVATE JOB,
R/O: NO. 103, SHANTA RESIDENCY,
WARD NO.59, SHREYA NAGAR,
NEAR TATVADARSHA HOSPITAL,
2ND MAIN, HUBBALLI-580030.
5. MS. POOJA D/O. RAGUNATH CHILLAL,
AGE: MAJOR, OCC:
R/O: NO.44, VITHAL PETH,
CHANNAPETH, OLD HUBLI, HUBBALLI-580024.
6. SRI RAGUNATH S/O. PITAMBARAPPA CHILLAL,
AGE: MAJOR, OCC: BUSINESS,
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NC: 2023:KHC-D:8177
WP No. 104617 of 2023
R/O: NO.44, VITHAL PETH,
CHANNAPETH, OLD HUBLI, HUBBALLI-580024.
7. SMT. VIJAYALAXMI W/O. RAGHUNATH CHILLAL,
AGE: MAJOR, OCC: HOMEMAKER,
R/O: NO.44, VITHAL PETH,
CHANNAPETH, OLD HUBLI, HUBBALLI-580024.
...PETITIONERS
(BY SRI VISHWANATH S. BICHAGATTI, ADVOCATE)
AND:
1. CITY UNION BANK LIMITED,
J.C. NAGAR, HUBBALLI,
REPRESENTED BY ITS AUTHORIZED OFFICER,
CHIEF MANAGAER-580020.
2. SRI PRAVEEN S. MAGAJI,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: NO.69 AND 69,
2ND CROSS, SANMAN COLONY,
BEHIND NEW BUS STAND, LAXMI TEMPLE,
GOKUL ROAD, DOLLORS COLONY,
HUBBALLI-580030.
...RESPONDENTS
(BY SRI SURESH S. GUNDI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI/ORDER AND QUASH THE RE TENDER CUM AUCTION
SALE NOTICE DATED 15.03.2023 ISSUED BY THE RESPONDENT NO.1
WITH RESPECT TO SCHEDULE PROPERTY FURNISHED AT ANNEXURE-
A; ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT OR ORDER AND SET ASIDE THE AUCTION SALE PROCEEDINGS
CONDUCTED BY THE RESPONDENT NO.1 DATED 25.05.2023 VIDE
ANNEXURE-D WITH RESPECT TO THE SCHEDULE PROPERTY IN
FAVOUR OF THE RESPONDENT NO.2.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:8177
WP No. 104617 of 2023
ORDER
The captioned writ petition is filed assailing the Re-
tender cum auction sale notice issued under the provisions of
Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002.
This court placing reliance on the judgment of Division
Bench has been consistently held that borrower is not
entitled to knock the door of writ court assailing the order
passed under the provisions of SARFAESI Act. Without going
into the merits of the case, I am of the view that captioned
petition is not maintainable.
Accordingly, writ petition is dismissed reserving liberty
to the petitioners to avail remedy available to him, in
accordance with law.
Sd/-
JUDGE
MBS
