Karnataka High Court
M/S. Digital Conmix vs The Punjab National Bank on 5 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:682
WP No. 21654 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 21654 OF 2023 (GM-RES)
BETWEEN:
1. M/S. DIGITAL CONMIX
A PARTNERSHIP FIRM
REPRESENTED BY ITS PARTNER
KRISHNAMURTHY
AGED ABOUT 52 YEARS
S/O LATE DODDAGANGAIAH
SY. NO. 81/3B, M.G.ROAD
OPP. MURALI COLLEGE, NELAMANGALA
BENGALURU RURAL DISTRICT - 562 123.
2. G.KRISHNAMURTHY
S/O LATE DODDAGANGAIAH
AGED ABOUT 52 YEARS
R/AT NO. 11, 7TH CROSS
Digitally signed by OPP: UTHAM SAGAR HOTEL
PADMAVATHI B K ASHIRVAD NIVAS, SUBBAIANAPALYA
Location: HIGH BANASAWADI MAIN ROAD
COURT OF
KARNATAKA BENGALURU - 560 043.
...PETITIONERS
(BY SRI. KARUMBAIAH T. A., ADVOCATE)
AND:
1. THE PUNJAB NATIONAL BANK
NELAMANGALA BRANCH
NELAMANGALA
BENGALURU RURAL DISTRICT - 562 123.
REPRESENTED BY THE MANAGER.
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NC: 2024:KHC:682
WP No. 21654 of 2023
2. THE AUTHORIZED OFFICER AND CHIEF MANAGER
PUNJAB NATIONAL BANK
PRMD, BANGALORE BRANCH
EAST CIRCLE NO. 26-27
RAHEJA TOWERS, M.G. ROAD
BENGALURU - 560 001.
3. THE ASSISTANT GENERAL MANAGER
PUNJAB NATIONAL BANK
CIRCLE SASTRA CENTRE
NO. 26-27, RAHEJA TOWERS
M.G. ROAD, BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. T.P.MUTHANNA, ADVOCATE FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-
E THE SALE NOTICE DTD 6.4.2023 ISSUED BY THE R2 IN
RESPECT OF THE SCHEDULE PROPERTIES AND ALSO
ANNEXURE-H THE COMMUNICATION CUM ORDER OF
CANCELLATION OF OTS OFFER DTD 21.8.2023 ISSUED BY THE
R3 AND ANNEXURE-K THE SALE NOTICE DTD 2.9.2023 ISSUED
BY THE R2 INSOFAR AS IT RELATES TO ITEM NO.4 AND ALL
THE FURTHER PROCEEDINGS.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court seeking the following
reliefs:
"i. issue a writ of certiorari to quash Annexure-E the sale
notice dated 06.04.2023 issued by the 2nd respondent in
respect of the schedule properties and also Annexure-H
the Communication cum Order of cancellation of OTS offer
dated 21.08.2023 issued by the 3rd respondent and
Annexure-K the sale notice dated 02.09.2023 issued by
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the 2nd respondent insofar as it relates to Item No.4 and
all the further proceedings;
ii. issue a writ of mandamus directing the respondents to
give effect to Annexure-G the OTS sanctioned given by
the 3rd respondent to the petitioner;
iii. In the alternative issue a writ of mandamus directing
the respondents to regularize the loan accounts of the
petitioner and so release his vehicle XUV 300 bearing
No.KA-52 N-2211 within a specified period.
iv. Issue any other writ, order of direction as this Hon'ble
Court deems fit in the circumstances of the case;"
2. Heard the learned counsel Sri.T.A.Karumbaiah,
appearing for petitioners and the learned counsel
Sri.T.P.Muthanna appearing for respondents.
3. Learned counsel Sri.T.P.Muthanna representing the
respondents submits that the sale of the subject property has
taken place on 26.04.2023. The sale certificate was issued in
favour of the auction purchaser on 02.08.2023 and registration
of the sale certificate has happened on 03.10.2023. Therefore,
the petition in the form that it is presented is not entertainable
in the light of the judgment of the Apex Court in the case of
CELIR LLP V. BAFNA MOTORS (MUMBAI) PVT. LTD.
reported in 2023 SCC OnLine SC 1209.
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4. Therefore, the petition is disposed as not entertainable,
reserving liberty to the petitioners to knock at the doors of the
appropriate fora for an appropriate relief.
Consequently, pending applications also stand disposed.
Sd/-
JUDGE
BKP
CT:SS
