Smt. Uma Sundar Poojary vs The Authorized Officer
2024 Latest Caselaw 4222 Kant

Karnataka High Court

Smt. Uma Sundar Poojary vs The Authorized Officer on 12 February, 2024

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                 -1-
                                                              NC: 2024:KHC:5781
                                                            WP No. 3961 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 12TH DAY OF FEBRUARY, 2024

                                               BEFORE
                             THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                              WRIT PETITION NO. 3961 OF 2024 (GM-RES)
                      BETWEEN:

                            SMT. UMA SUNDAR POOJARY,
                            W/O LATE SUNDAR POOJARY,
                            AGED ABOUT 80 YEARS,
                            R/AT S15-12-637/2,
                            MAITHRI SHIVBHAGH ROAD,
                            BIOSCAN CENTER KADRI MANGALORE,
                            KANKANADY, MANGALORE,
                            D.K. - 575 002.
                                                                   ...PETITIONER
                      (BY SRI. DHANANJAY KUMAR, ADVOCATE)

                      AND:

                      1.    THE AUTHORIZED OFFICER,
Digitally signed by         EXECUTIVE DIRECTOR,
PADMAVATHI B K
                            MANIPAL HOUSING FINANCE SYNDICATE LTD.,
Location: HIGH
COURT OF                    MANIPAL HOUSE,
KARNATAKA                   UDUPI - 576 104.

                      2.    DR. RAMPRASAD,
                            S/O LATE H.S. POOJARY,
                            AGED ABOUT 53 YEARS,
                            R/AT S4 STAN PARK APARTMENTS,
                            PARK VIEW ROAD, VALENCIA,
                            MANGALORE - 575 002.
                                                                ...RESPONDENTS
                      (BY SRI. B.S. MAHENDRA, ADVOCATE FOR C/R1)
                                       -2-
                                                        NC: 2024:KHC:5781
                                                  WP No. 3961 of 2024




     THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE DATED 29.1.24 AND ALL FURTHER PROCEEDINGS
PURSUANT TO THE NOTICE DATED 29.1.24 BEARING NO. NO
MHF SL/HO/LEGAL/1007/2023-24 ISSUED BY THE R1 VIDE
ANNEXURE-A AND ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                                 ORDER

Heard Sri. Dhananjay Kumar, learned counsel appearing

for the petitioner, Sri. B.S. Mahendra, learned counsel

appearing for caveator/respondent No.1 and have perused the

material on record.

2. The petitioner is before this Court calling in

question a notice of sale dated 29.01.2024 calling in question

the order passed by the learned Magistrate under Section 14 of

the Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002. The petitioner is

before the Debts Recovery Tribunal ('the DRT' for short) in

S.A.No.534/2023.

3. Both the parties submit that the Tribunal has heard

the parties and has reserved the matter for pronouncement of

its judgment, which is directed to be listed on 05.04.2024 for

NC: 2024:KHC:5781

the judgment. In the interregnum the Bank issues the

impugned notice.

4. Since the matter is heard by the Tribunal and

directed to be posted for judgment on 05.04.2024, I deem it

appropriate to direct the Bank to hold its hands till the

judgment is pronounced by the DRT.

5. Learned counsel appearing for the petitioner would

at this juncture submit that the aforesaid observation would

suffice for the present. Therefore, the petition stands disposed

directing that the Bank shall hold its hands till 05.04.2024.

All other contentions are left open and further remedies

would be open to the petitioner after the pronouncement of the

judgment.

Ordered accordingly.

Sd/-

JUDGE

SJK

CT:SNN