Mrs. Aishwarya Revankar W/O Suresh ... vs Authorized Officer
2024 Latest Caselaw 12526 Kant

Karnataka High Court

Mrs. Aishwarya Revankar W/O Suresh ... vs Authorized Officer on 5 June, 2024

                                                   -1-
                                                          NC: 2024:KHC-D:7454
                                                           WP No. 102891 of 2024




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                 DATED THIS THE 5TH DAY OF JUNE, 2024
                                                 BEFORE
                           THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
                              WRIT PETITION NO. 102891 OF 2024 (GM-RES)
                      BETWEEN:
                      1.   MRS. AISHWARYA REVANKAR
                           W/O. SURESH REVANKAR,
                           AGE: 45 YEARS,
                           OCC: PROPRIETOR- BALAJI CUT PIECE,
                           R/O. SABAGERI, YELLAPUR, TALUKA: YELLAPUR,
                           DISTRICT: UTTARA KANNADA-581359.
                           (ADHAAR NO.: 8490 7382 4033)

                      2.   SURESH S/O. GANAPATI REVANKAR,
                           AGE: 51 YEARS, OCC: BUSINESS,
                           R/O. SABAGERI, YELLAPUR, TALUKA: YELLAPUR,
                           DISTRICT: UTTARA KANNADA-581359.
                           (ADHAAR NO.: 8220 8234 6120)

                      3.   GANAPATI S/O. SUBRAYA REVANKAR,
                           AGE: 72 YEARS, OCC: NIL,
                           R/O. SABAGERI, YELLAPUR, TALUKA: YELLAPUR,
                           DISTRICT: UTTARA KANNADA-581359.
                           (ADHAAR NO.: 9561 9768 4238)
                                                                        ...PETITIONERS
YASHAVANT
NARAYANKAR            (BY SRI. AMIRKHAN A. PATHAN, ADVOCATE)
Digitally signed by
YASHAVANT
                      AND:
NARAYANKAR
Location: HIGH
COURT OF
KARNATAKA,
DHARWAD BENCH
                      1.   AUTHORIZED OFFICER,
                           SUCO BANK (SUCO SOUHARDA SAHAKARI BANK LTD.)
                           HEAD OFFICE, SUCO BHAVAN, MOKA ROAD,
                           BALLARI-583103 .

                      2.   AUTHORIZED OFFICER,
                           SUCO BANK (SUCO SAHAKARI SAHAKARI BANK LTD.),
                           HUBBALLI BRANCH, KALAMMANA AGASI,
                           HUBBALLI-580028.
                                                                 ...RESPONDENTS
                             -2-
                                   NC: 2024:KHC-D:7454
                                     WP No. 102891 of 2024




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE
REPRESENTATION OF THE PETITIONERS VIDE ANNEXURE-E AND F;
ISSUE A WRIT OR DIRECTION IN THE NATURE OF CERTIORARI BY
QUASHING THE IMPUGNED DEMAND NOTICE DATED 28/12/2023 IN
NO. SL/SUCO /HO/LRD/94/2023-2024 ISSUED BY RESPONDENT
NO.1 VIDE ANNEXURE-C AND PUBLIC NOTICE OF SALE IN NO.
SL/SUCO/HO/LRD/07/2024-25   DATED:   08/04/2024   ISSUED   BY
RESPONDENT NO.2 VIDE ANNEXURE-D.
     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE

COURT MADE THE FOLLOWING:

                         ORDER

The petitioners, who are the defaulter are assailing

the Demand notice issued by the secured Creditors under

Section 13(2) R/w Section 13(3) of Securitization and

Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (for short, "SARFAESI ACT").

2. The Demand notice issued by the

respondents/Bank is dated 28.12.2023 and this petition is

filed on 21.05.2024. The petitioners have also questioned

the sale notice dated 08.04.2024 as per Annexure-D.

NC: 2024:KHC-D:7454

3. The Hon'ble Apex Court in the case of K.

Veerupaksha Vs. State of Karnataka1 and in the case

of United Bank of India Vs. Sathyawati Tondon &

Ors2 has come down heavily on High Courts entertaining

petitions arising out of SARFAESI Act. The petitioners,

pursuant to Demand notice under Section 13(2), have

failed to discharge the liability. Therefore, it is well within

the authority of the secured creditors to proceed further

under Section 13(4).

4. In the light of the dictum laid down by the Hon'ble

Apex Court in the judgment stated supra, this Court in not

inclined to grant any indulgence. The public notice of sale

is dated 08.04.2024 and this petition is filed on

21.05.2024. Even on this Count, this Court is not inclined

to grant any indulgence. Accordingly, writ petition is

dismissed.

(2020) 4 SCC 440

(2010) 8 SCC 110

NC: 2024:KHC-D:7454

5. In view of disposal of the petition, pending

interlocutory applications, if any, do not survive for

consideration and are disposed of accordingly.

Sd/-

JUDGE

PMP