Karnataka High Court
Sri. N. Basaveshwara vs Indian Over Seas Bank on 6 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:5040
WP No. 20144 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 20144 OF 2023 (GM-RES)
BETWEEN:
1. SRI. N. BASAVESHWARA
S/O NAGAIAH
AGED ABOUT 49 YEARS.
2. SMT.G.PUSHPA
W/O N.BASAVESHWARA
AGED ABOUT 44 YEARS.
BOTH PETITIONERS RESIDING AT
NO.32, KHATHA NO.72 AND 71/7,
BOMMANAHALLI CMC, KATHA NO.164,
PRESENT KHATHA NO.603/72 AND 71/7/32,
VENKATARAYAPPA LAYOUT,
Digitally signed by HONGASANDRA VILLAGE,
PADMAVATHI B K
BEGUR HOBLI,
Location: HIGH
COURT OF BENGALURU - 560 068.
KARNATAKA ...PETITIONERS
(BY SRI GURUPRASAD C.REDDY, ADVOCATE FOR
SRI CHANDRASHEKARA REDDY M.V., ADVOCATE)
AND:
1. INDIAN OVERSEAS BANK,
BANNERGHATTA ROAD BRANCH,
NEW NO.12 AND 13, N.S. PALYA,
IND.AREA, 1ST CROSS,
-2-
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WP No. 20144 of 2023
NEXT TO SHOPPERS STOP,
BANNERGHATTA,
BENGALURU - 560 076
REPRESENTED BY ITS MANAGER.
2. SHILPA RAM
AGED MAJOR, R/AT. 638,
SRI LAKSHMI NILAYA,
1ST CROSS, KONANAKUNTE,
BENGALURU - 560 062.
...RESPONDENTS
(BY SRI KESHAVA BHAT S.N., ADVOCATE FOR R-1;
R-2 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)
ORDER OR DIRECTION, SETTING ASIDE E-AUCTION SALE
HELD ON 07/07/2023 AS PER SALE INTIMATION LETTER
DATED 07/07/2023 ISSUED BY THE RESPONDENT BANK AS
PER ANNEXURE-B, AND CONSEQUENTLY AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court seeking the following
prayers:
"(a) Issue a writ of certiorari or any other appropriate
writ, order of direction, setting aside e - action sale
held on 07.07.2023 as per sale intimation letter
dated 07.07.2023 issued by the Respondent Bank
as per Annexure - B, and consequently;
(b) To set aside order dated 17/01/2022 passed by the
XLI Additional Chief Metropolitan Magistrate in Crl.
Misc. Pet. No. 4412/2020 filed by the Respondent
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Bank under S. 14 of the SARFAESI Act as per
Annexure - L and;
(c) Grant such other relief in the interest of justice."
2. Heard Sri.Guruprasad.C.Reddy, learned counsel
appearing for petitioners and Sri.Keshava Bhat.S.N., learned
counsel appearing for respondent No.1.
3. This Court has passed a slew of orders right from
31-10-2023. The interim order so passed by this Court is
complied with, is the submission of the learned counsel for
petitioners, which is acknowledged in admission by the 1st
respondent/Bank.
4. Learned counsel for petitioners projects the issue to be
in the realm of seriously disputed question of fact, as the notice
is said to be unserved upon the petitioners. But the learned
counsel for the 1st respondent/Bank taking this Court through
the documents appended to the petition would seek to
demonstrate that it is in fact served to the address that was
furnished by the petitioners. Therefore, submissions and contra
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submissions undoubtedly would be in the realm of disputed
questions of fact.
5. The fact remains that the property mortgaged to the
1st respondent/Bank is already sold and sale certificate is also
issued to the auction purchaser which is yet to be registered.
Learned counsel also disputes the manner in which the sale
certificate is issued and the time of such issuance. However, in
view of the sale having taken place and more so, in the light of
the judgment rendered by the Apex Court in the case of CELIR
LLP VS. BAFNA MOTORS (MUMBAI) PVT. Ltd., reported in
2023 SCC OnLine SC 1209, the petition would undoubtedly
lie before the Debts Recovery Tribunal and not before this
Court.
6. In the light of the interim order subsisting in the case
at hand, I deem it appropriate to extend the same for a further
period of two weeks to enable the petitioners to avail of any
such remedy as is available in law. In the event the petitioners
would not approach the DRT within four weeks from today,
protective order that is granted would automatically vanish. All
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the contentions are left open. The petitioners are also at liberty
to knock at the doors of the appropriate fora in the event of
need.
7. With the aforesaid observations, petition stands
disposed.
Sd/-
JUDGE
BKP
