Karnataka High Court
Mohan Babu Jalukuri vs Canara Bank on 10 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:20453
WP No. 4701 of 2024
C/W WP No. 8860 of 2022
WP No. 4700 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 4701 OF 2024 (GM-RES)
C/W
WRIT PETITION NO. 8860 OF 2022(GM-RES)
C/W
WRIT PETITION NO. 4700 OF 2024(GM-RES)
IN W.P.No.4701/2024
BETWEEN:
BABU DVALAPUR
S/O HONNUR SUB DEVLAPUR
AGED ABOUT 48 YEARS,
RESIDING AT 1889 E GATE
DR STONE MOUNTAIN GA 30087
REPRESENTED BY HIS GPA HOLDER,
SRI BASHA DEVALAPUR,
S/O HONNUR SAB DEVALAPUR
Digitally AGED ABOUT 49 YEARS,
signed by NO.8/1, 5TH CROSS,
Vandana S
EX SERVICE COLONY, R.T.NAGAR
Location: BANGALORE-560 032.
HIGH COURT
OF ...PETITIONER
KARNATAKA (BY SRI. GAUTAM SHREEDHAR BHARADWAJ.,ADVOCATE)
AND:
1. CANARA BANK
ASSET RECOVERY MANAGEMENT BRANCH, NO.86,
3RD FLOOR, SPENCER TOWERS
MAHATMA GANDHI ROAD,
BENGALURU-560 001.
REPRESENTED BY ITS
AUTHORIZED OFFICER.
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WP No. 4701 of 2024
C/W WP No. 8860 of 2022
WP No. 4700 of 2024
2. M/S S V S PROPERTIES INDIA PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011.
REPRESENTED BY ITS DIRECTOR.
3. M/S JAYA SHANMUGA PROJECTS PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR, 3RD BLOCK
BENGALURU-560 011.
REPRESENTED BY ITS DIRECTOR.
4. M/S JAYA SHANMUGA INFRA PROJECTS PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011
REPRESENTED BY ITS DIRECTOR.
5. M/S JAYA SHANMUGA HOMES PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011.
REPRESENTED BY ITS DIRECTOR.
6. SRI PRASHANTH RAJU
S/O SRI CHANGAM GOPINATH RAJU
RESIDING AT 74, 3RD MAIN, 3RD CROSS,
B T M LAYOUT 2ND STAGE
BILEKAHALLI DOLLARS LAYOUT
BENGALURU-560 076.
7. SRI C SHARATH
S/O SRI S R CHILAKARIRESIDING AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011.
...RESPONDENTS
(BY SRI. SHETTY VIGNESH SHIVARAM.,ADVOCATE FOR R-1)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
AUCTION- CUM-SALE NOTICE DATED 10/01/2024 BEARING REF NO. NIL
ISSUED BY R1 BANK WHICH IS PRODUCED AS ANNEXURE-A.
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NC: 2024:KHC:20453
WP No. 4701 of 2024
C/W WP No. 8860 of 2022
WP No. 4700 of 2024
IN W.P.No.8860/2022
BETWEEN:
MOHAN BABU JALUKURI
SON OF SATYANARAYANA
AGED ABOUT 46 YEARS
RESIDING AT NO. 168, PLOT NO. 204
TATA PROMOUNT ALTEZZA, 2ND FLOOR
3RD MAIN ROAD, BSK 3RD STAGE
HOSAKEREHALLI, ITTAMADU POST
BENGALURU - 560 085.
...PETITIONER
(BY SRI. GAUTAM SHREEDHAR BHARADWAJ.,ADVOCATE)
AND:
1. CANARA BANK
ASSET RECOVERY MANAGEMENT BRANCH, NO.86,
3RD FLOOR, SPENCER TOWERS
MAHATMA GANDHI ROAD,
BENGALURU-560 001.
REPRESENTED BY ITS
AUTHORIZED OFFICER.
2. M/S S V S PROPERTIES INDIA PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011.
REPRESENTED BY ITS DIRECTOR.
3. M/S JAYA SHANMUGA PROJECTS PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR, 3RD BLOCK
BENGALURU-560 011.
REPRESENTED BY ITS DIRECTOR.
4. M/S JAYA SHANMUGA INFRA PROJECTS PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011
REPRESENTED BY ITS DIRECTOR.
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NC: 2024:KHC:20453
WP No. 4701 of 2024
C/W WP No. 8860 of 2022
WP No. 4700 of 2024
5. M/S JAYA SHANMUGA HOMES PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011.
REPRESENTED BY ITS DIRECTOR.
6. SRI PRASHANTH RAJU
S/O SRI CHANGAM GOPINATH RAJU
RESIDING AT 74, 3RD MAIN, 3RD CROSS,
B T M LAYOUT 2ND STAGE
BILEKAHALLI DOLLARS LAYOUT
BENGALURU-560 076.
7. SRI C SHARATH
S/O SRI S R CHILAKARIRESIDING AT NO.216/13
SURAJ TOWERS, 4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011.
...RESPONDENTS
(BY SRI. SHETTY VIGNESH SHIVARAM.,ADVOCATE FOR R-1)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
AUCTION- CUM-SALE NOTICE DATED 19.03.2022 THE PETITIONER IN
RESPECT OF SITE NO.12 AND 13 ISSUED BY THE R-1 BANK WHICH IS
PRODUCED AT ANNEXURE-A.
IN W.P.No. 4700/2024
BETWEEN:
APARNA CHEKURU
W/O SHRI RAJANIKATH CHEKURU
AGED ABOUT 41 YEARS
CURRENTLY RESIDINT AT: 42828
HOYSVILLE MANOR DR, ASHBURN VA 20148
REPRESENTED BY HIS GPA HOLDER
SMT. BHARATHI GOURINENI
AGED ABOUT 46 YEARS
RESIDING AT: 261, FLAT NO. A3
R.R. RESIDENCY, PANDURANGA NAGAR
BANNERGHATTA ROAD
BENGALURU - 560 076.
...PETITIONER
(BY SRI. GAUTAM SHREEDHAR BHARADWAJ.,ADVOCATE)
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WP No. 4701 of 2024
C/W WP No. 8860 of 2022
WP No. 4700 of 2024
AND:
1. CANARA BANK
ASSET RECOVERY MANAGEMENT BRANCH, NO.86,
3RD FLOOR, SPENCER TOWERS
MAHATMA GANDHI ROAD,
BENGALURU-560 001.
REPRESENTED BY ITS
AUTHORIZED OFFICER.
2. M/S S V S PROPERTIES INDIA PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS,
4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011.
REPRESENTED BY
ITS DIRECTOR.
3. M/S JAYA SHANMUGA PROJECTS PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS,
4TH FLOOR, 27TH CROSS,
JAYANAGAR, 3RD BLOCK
BENGALURU-560 011.
REPRESENTED BY
ITS DIRECTOR.
4. M/S JAYA SHANMUGA INFRA PROJECTS PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS,
4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011
REPRESENTED BY
ITS DIRECTOR.
5. M/S JAYA SHANMUGA HOMES PVT LTD
HAVING ITS REGISTERED OFFICE AT NO.216/13
SURAJ TOWERS,
4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011.
REPRESENTED BY ITS DIRECTOR.
6. SRI PRASHANTH RAJU
S/O SRI CHANGAM GOPINATH RAJU
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NC: 2024:KHC:20453
WP No. 4701 of 2024
C/W WP No. 8860 of 2022
WP No. 4700 of 2024
RESIDING AT 74, 3RD MAIN, 3RD CROSS,
B T M LAYOUT 2ND STAGE
BILEKAHALLI DOLLARS LAYOUT
BENGALURU-560 076.
7. SRI C SHARATH
S/O SRI S R CHILAKARIRESIDING AT NO.216/13
SURAJ TOWERS,
4TH FLOOR, 27TH CROSS,
JAYANAGAR 3RD BLOCK
BENGALURU-560 011.
...RESPONDENTS
(BY SRI. SHETTY VIGNESH SHIVARAM.,ADVOCATE FOR R-1)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
AUCTION- CUM-SALE NOTICE DATED 10.01.2024 BEARING REF NO. NIL
ISSUED BY R1 BANK WHICH IS PRODUCED AS ANNEXURE-A.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In W.P.No.4701/2024, petitioner seeks for the following reliefs:-
" a) To issue a writ of certiorari to quash the Impugned auction cum-sale Notice dated: 10.01.2024 bearing Ref No. NIL issued by Respondent No.1 Bank which is produced as Annexure- 'A'.
b) Grant such relief to meet the ends of Justice and Equity."
In W.P.No.8860/2022, petitioner seeks for the following reliefs:-
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NC: 2024:KHC:20453 WP No. 4701 of 2024 C/W WP No. 8860 of 2022 WP No. 4700 of 2024 " a) To issue a writ of certiorari to quash the Impugned auction cum-sale Notice dated: 19.03.2022 bearing Ref No. ARM-I/CR-419/313/2022 AK Quo the petitioner in respect of site No. 12 and 13 issued by Respondent No.1 Bank which is produced as Annexure- 'A'.
b) Grant such relief to meet the ends of Justice and Equity."
In W.P.No.4700/2024, petitioner seeks for the following reliefs:-
" a) To issue a writ of certiorari to quash the Impugned auction cum-sale Notice dated: 10.01.2024 bearing Ref No. NIL issued by Respondent No.1 Bank which is produced as Annexure- 'A'.
b) Grant such relief to meet the ends of Justice and Equity."
2. After arguing the matter for sometime, learned counsel for the petitioners submits that the present petitions may be disposed of reserving liberty in favour of the petitioners to file an appeal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the SARFAESI Act') before the Debt Recovery Tribunal (for short "the DRT") and continue the interim order for a period of six weeks so as to enable the petitioners to file an appeal. -8-
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3. The aforesaid submission is placed on record.
4. In view of the aforesaid submission, petitions are disposed of reserving liberty in favour of the petitioners to file an appeal under Section 17 of the SARFAESI Act before the DRT within a period of six weeks from today. If such an appeal is preferred within six weeks as stated supra, the interim order passed by this Court would continue to remain in force and operate between the parties for the aforesaid period of six weeks and also the petitioners would be entitled to the benefit of Section 14 of the Limitation Act.
5. With the aforesaid observations and directions, the writ petitions stands disposed of.
Sd/-
JUDGE Srl.