Karnataka High Court
M/S Carreg Commodities Pvt Ltd vs M/S Pnb Housing Finance Limited on 8 February, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:5386
WP No. 29028 of 2023
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 29028 OF 2023 (GM-RES)
BETWEEN:
M/S CARREG COMMODITIES PVT LTD
REGISTERED UNDER COMPANIES REGISTRATION
ACT 1956
CORPORATE ID NO US1101KA2010PTCO58013
HAVING OFFICE AT NO 16 62 1
OMABTHUKERE ULLA
MANGALORE 575020
ALSO AT
SY NO 72/1A
THARETHORA COCOUNT GARDEN
Digitally signed by NANTHROOR TO PUMPWEL ROD
PADMAVATHI B K
MAROLI VILLGE, MAGNALORE
Location: HIGH
COURT OF D K 575005
KARNATAKA REP BY ITS DIRECTOR
MR JACITNHA PRASAD PANICKER
W/O DR PRASAD PANICKKER
AGED 56 YEARS
R/AT EMPRESS
KADRI TEMPLE ROAD
KADRI, MANGALURU 575002.
...PETITIONER
(BY SRI. A.P. NARAGANI, ADVOCATE FOR
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WP No. 29028 of 2023
SMT. RAKSHITHA P.,ADVOCATE)
AND:
M/S PNB HOUSING FINANCE LIMITED
BRANCH OFFICE AT 2ND FLOOR
KUSHE SADAN, K R RAO ROAD
KODIBAIL, NEAR PVS CIRCLE
MAGNALORE 575003
ALSO AT
NO 05
MATHRU SHREE ARCADE
100 FEET ROAD
BTM 2ND STAGE
BANGALORE 560076
REP BY ITS THE MANAGER.
...RESPONDENT
(BY SRI. FRANCIS XAVIER.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING
TOQUASH THE E-AUCTION SALE NOTICE DATED
11/12/2023 OF THE PETITION SCHEDULE PROPERTY ON
28/12/2023 BEARING NO.
PNBHEF/PSN/20/MNLR/DEC/FY 2023-24 OF THE
PETITION SCHEDULED PROPERTIES PRODUCED AT
ANNEXURE-B ISSUED BY RESPONDENT.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE
THE FOLLOWING:
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WP No. 29028 of 2023
ORDER
The petitioner is before this Court seeking the following prayers:
"a. Issue a writ of certiorari to quash the E-Auction sale notice dated 11.12.2023 of the petition schedule property on 28.12.2023, bearing No. PNBHFL/PSN/20/MNLR/DEC/FY: 2023-24 of the petition schedule properties produced at Annexure-B. b. Grant any other writ, order or direction as this Hon'ble Court deems fit and proper reliefs as this Hon'ble court deems fit and proper under the circumstances of this case."
2. The petitioner is in default in repayment to the first respondent every time when the Bank seeks to initiate proceedings either under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 or put the property to sale. It is -4- NC: 2024:KHC:5386 WP No. 29028 of 2023 the habit of the petitioner to approach this Court and this Court showing sympathy or misplaced sympathy in every matter has granted interim order of stay. Because of the interim order of stay the sale does not take place. The conditions so imposed while granting the interim order of stay are blatantly violated in all the cases. After such violation and the date of sale getting over, the petitions are withdrawn. These dubious methods are adopted by the borrower.
3. The details of the writ petitions filed by the petitioner are produced by the learned counsel for the petitioner which are as follows:
Sl.
Case No. Description Date of Page No. Disposal Nos.
Challenged
the measures Dismissed
01 WP initiated on 2-8
under S.14 6/7/2022
No.3341/2022 of the Act in
Cmis
No.90/2021
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WP No. 29028 of 2023
dated
20/9/2021
Dismissed
Challenged as the
02 WP the sale office 9-11
notice dated objections
No.14991/2022 27/7/2022 are not
complied.
Challenged Dismissed
03 WP the sale as 12-
notice dated withdrawn
No.24364/2022 7/12/2022 14
Challenged Dismissed
04 WP the sale as 15-
notice dated withdrawn
No.12101/2023 14/6/2023 17
Challenged Dismissed
05 WP the sale as 18-
notice dated withdrawn
No.16367/2023 10/8/2023 19
Challenged Dismissed
06 SA 477/2023 the measures as 20
initiated withdrawn
under
SARFAESI
Act
Challenged Pending
07 Crl.P.5823/2022 the measures for 21
initiated hearing
under S.138
of N.I.Act
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WP No. 29028 of 2023
4. The learned counsel for the respondent would add that they are not only before this Court but repeated petitions are filed before the Debt Recovery Tribunal. Now, in this petition, this Court, on 21.12.2023, had passed the following order:
"Heard the learned counsel for the petitioner.
Issue emergent notice to the respondent.
No coercive steps shall be taken over the property of the petitioner subject to the condition that the petitioner would pay 30% of the amount in due to the Bank within 6 weeks from today, in the following manner:
(i) 15% of the amount shall be deposited within 3 weeks from today.
(ii) The remainder i.e., 15% shall be deposited within 3 weeks, thereafter.
(iii) Any deviation in paying the aforesaid amount within the timeline as stipulated hereinabove, even at the first instance, would entail vacation of the interim order and would also run the risk of dismissal of the petition itself.
List the matter on 06.02.2024."
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5. This Court was to dismiss the matter with exemplary costs. Then the petitioner indicates that a memo for withdrawal is filed in this case as well. The withdrawal of the petition is ninth in the series. Therefore the petition is dismissed as withdrawn with a caution that if the petitioner would repeat such stance of filing petitions and withdrawing the same, the coercive arm of law would get unleashed against the petitioner. Since the petitioner is a borrower and has suffered, this Court is holding its hands in not imposing exemplary costs upon the petitioner.
With the aforesaid observation, the petition stands dismissed as withdrawn.
Sd/-
JUDGE NV List No.: 1 Sl No.: 24