Karnataka High Court
Mansoor vs Canara Bank on 5 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:654
WP No. 28879 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. 28879 OF 2023 (GM-RES)
BETWEEN:
1. MANSOOR, S/O K C SAYYAD ALI
AGED ABOUT 47 YEARS
R/AT DOOR NO 9/30
BAITHFUL AMAN, SITE NO 136
9TH BLOCK, KRISHNAPURA
KATIPALLA, MANGALORE 575030.
...PETITIONER
(BY SRI. A.KESHAVA BHAT., ADVOCATE)
AND:
1. CANARA BANK
KATIPALLA BRANCH, 1ST FLOOR
ADARSH REGAL,
OPP NITHAYANANDA BHAJANA MANDIRA
KATIPALLA MANGALURU- 575030
Digitally signed by REP BY ITS AUTHORIZED OFFICER.
PADMAVATHI B K
Location: HIGH 2. SMT THASLEEMA
COURT OF
KARNATAKA C/O ABDUL LATHEEF
MAJOR,
TIBET HOUSE ADDUR POST
BENGALURU 574145
...RESPONDENTS
(BY SRI. VIGNESH SHETTY, ADVOCATE FOR R-1)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECTION, SETTING ASIDE THE E-AUCTION WINNER LIST
DATED 21/10/2023 ISSUED BY THE AUTHORISED OFFICER,
-2-
NC: 2024:KHC:654
WP No. 28879 of 2023
CANARA BANK (ANNEXURE-A) AND SALE NOTICE DATED
05/10/2023 (ANNEXURE-B), ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking the
following prayers:
"(a) Issue a writ of certiorari or any other
appropriate writ, order or direction, setting
aside the E-auction winner list dated
21.10.2023 issued by the Authorised
Officer, Canara Bank (Annexure-A); and
sale notice date 5.10.2023 (Annexure-B);
(b) Consequently, direct the 1st respondent to
accept entire liabilities from petitioner and
to release the schedule property from
mortgage.
(c) Grant such other relief in the interest of
justice."
2. Notice was issued to the learned counsel, Sri.Vigensh
Shetty representing the respondent-Bank to secure
instructions and make submissions.
NC: 2024:KHC:654
3. The learned counsel appearing for the respondent-
Bank submits that the sale of the property took place on
21.10.2023. The Certificate of Sale was issued on the
same day i.e., 21.10.2023 and the Sale Certificate was
registered on 07.11.2023.
4. The borrower has preferred the subject writ petition
long thereafter on 20.12.2023.
5. The learned counsel for the petitioner would submit
that he is ready and willing to make good the entire
amount including the solatium to the Auction Purchaser to
save his property.
6. The submission made is too late in the day for this
Court to consider in the light of the fact that the sale has
taken place long ago and the sale has already been
registered. Entertaining the subject writ petition would
run foul on the judgment of the Hon'ble Supreme Court in
the case of Celir LLP vs. Bafna Motors (Mumbai) Pvt.
Ltd. and others, reported in 2023 SCC Online SC 1209.
NC: 2024:KHC:654
7. Therefore, the writ petition is rejected, reserving
liberty to the petitioner to knock at the doors of the
appropriate forum.
8. All contentions urged in the present writ petition shall
remain open to be urged by the petitioner before the
appropriate forum.
Sd/-
JUDGE
RK
Ct: SN
