M/S N Jothy Graphics India (P) Ltd vs Authorized Officer And General Manager on 21 February, 2014

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Karnataka High Court

M/S N Jothy Graphics India (P) Ltd vs Authorized Officer And General Manager on 21 February, 2014

Bench: A.S. Bopanna

                          1



 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 21ST DAY OF FEBRUARY, 2014

                        BEFORE

       THE HON'BLE MR. JUSTICE A.S. BOPANNA

     WRIT PETITION NOS.9455-9457/2014 (GM-RES)

BETWEEN:

1.     M/S.N.JOTHY GRAPHICS
       INDIA (P) LTD.,
       #34, 10TH CROSS,
       THIMMAIAH GARDEN,
       1ST BLOCK, R.T.NAGAR,
       BANGALORE-560 032,
       REPRESENTED BY ITS
       MANAGING DIRECTOR,
       A. NAGARAJ.

2.     A. NAGARAJ,
       S/O.ARUNACHALAM,
       AGED ABOUT 52 YEARS,
       #34, 10TH CROSS,
       THIMMAIAH GARDEN,
       1ST BLOCK, R.T.NAGAR,
       BANGALORE-560 032.


3.     A. AMMAYYA,
       W/O.A.NAGARAJ,
       AGED ABOUT 47 YEARS,
       #34, 10TH CROSS,
       THIMMAIAH GARDEN,
       1ST BLOCK, R.T.NAGAR,
       BANGALORE-560 032           ... PETITIONERS


(BY SRI P.H.VIRUPAKSHAIAH, ADV.)
                             2



AND:

AUTHORIZED OFFICER AND
GENERAL MANAGER,
STATE BANK OF TRAVANCORE,
NO.36, P.B.NO.609,
JAYAMAHAL ROAD,
J.C.NAGAR, BANGALORE-560 003             ... RESPONDENT

(BY SRI VIJAYA KUMAR.V., ADV. FOR C/R)

      THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH ANN-F SALE NOTICE PUBLISHED ON
24.1.2014 IN 'THE HINDU' DAILY NEWSPAPER ISSUED BY
THE RESPONDENT BANK FIXING THE AUCTION SALE OF
THE PROPERTIES AS 25.2.2014.

     THESE   WRIT  PETITIONS   COMING  ON   FOR
PRELIMINARY HEARING, THIS DAY, THE COURT PASSED
THE FOLLOWING:
                        ORDER

The petitioners are before this Court assailing the sale notice published on 24.01.2014. The petitioners are also seeking for mandamus to direct the respondent- Bank to consider the prayer made by the petitioners to grant two months time to repay the amount due to the respondent-Bank.

2. The fact that the petitioners are the borrower is not in dispute. However, the petitioners contend that the manner in which the claim has been made by the 3 respondent is not justified. Though, presently the petitioners are assailing the sale notice published on 24.01.2014, it is seen that the petitioners are already before the Debts Recovery Tribunal (for short the 'DRT') in S.A.No.181/2013 against the action initiated by the respondent-Bank under Sections 13 and 14 of the SARFAESI Act.

3. In such proceedings, at the first instance, the Tribunal had granted an interim order subject to deposit being made by the petitioners. The petitioners contend that the same has been deposited and the petitioners are also willing to settle the account with the respondent. In that direction, it is also seen that pursuant to the sale notice, the petitioners have filed an application as at Annexure-H before the DRT on 11.02.2014 and the consideration of the application is also scheduled to 24.02.2014. In such circumstance, I am of the opinion that the present writ petition would not maintainable, but it would be open for the petitioners to urge these contentions before the DRT when the matter is taken up 4 on 24.02.2014 or by filing such application for consideration in that regard in the pending appeal before the Debts Recovery Tribunal.

Hence, reserving liberty to the petitioners, the petition stands disposed of.

Sd/-

JUDGE ST*

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Karnataka High Court