Karnataka High Court
Smt K S Shoba Devi vs Ananda Rathi Global Finance Limited on 10 July, 2023
Author: Krishna S Dixit
Bench: Krishna S Dixit
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NC: 2023:KHC:23621
WP No. 12695 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 12695 OF 2023 (GM-RES)
BETWEEN:
SMT. K. S. SHOBA DEVI,
W/O SRI. N. RAVI SHANKAR N.,
AGED ABOUT 47 YEARS,
R/AT NO. F-404, SHRIRAM SUHAANA,
DODDABALLAPUR MAIN ROAD,
SURYAVANSHI LAYOUT,
YELAHANKA BORRAG LANE,
BENGALURU-560 064.
...PETITIONER
(BY SRI. K.P. BHUVAN FOR
SRI. B. PRASANNA KUMAR, ADVOCATES)
AND:
1. ANANDA RATHI GLOBAL FINANCE LIMITED,
Digitally signed REGISTERED UNDER RBI ACT, 1934,
by CHETAN B C
Location: HIGH
REGISTERED OFFICE,
COURT OF EXPRESS ZONE, A WING, 10TH FLOOR,
KARNATAKA WESTERN EXPRESS HIGHWAY,
GOREGAON (EAST),
MUMBAI - 400 063,
MAHARASHTRA.
REP BY ITS AUTHORIZED OFFICER/MANAGER.
2. ANANDA RATHI GLOBAL FINANCE LIMITED,
AT 4TH FLOOR, BIKANER PINNACLE,
RHENIUS ST, SHANTALANAGAR,
RICHMOND TOWN,
BENGALURU - 560 025.
REP BY ITS AUTHORIZED OFFICER/MANAGER
REGISTERED UNDER RBI ACT, 1934.
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NC: 2023:KHC:23621
WP No. 12695 of 2023
3. MR. DINESH. G.,
S/O LATE K. GURUMURTHY,
MAJOR,
NO. 1237, 11TH CROSS,
SHANKARNAG CIRCLE,
BSK 1ST STAGE, 2ND BLOCK,
BANGALORE SOUTH,
BANASHANKARI,
BENGALURU - 560 050.
...RESPONDENTS
(BY SRI. K.V. LOKESH, ADVOCATE FOR C/R, R-1 AND R-2;
SRI. MANOJ K., ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ALLOW THE ABOVE WRIT PETITION; TO SET ASIDE THE
ISSUED SALE CERTIFICATE DATED 26/04/2023 ISSUED BY THE
RESPONDENT NO. 1 EXECUTED IN FAVOUR OF THE
RESPONDENT NO. 3 HEREIN IN RESPECT OF SCHEDULE
PROPERTY VIDE ANENXURE-F BY ISSUE OF WRIT OF
CERTIORARI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The challenge is to the coercive action taken by the Respondent - Bank. Learned counsel for the Petitioner vehemently argues that his client is a gentle lady and that she is willing to settle the claim of the Respondent - Bank and therefore, the auction be set at naught and property be restored to her.
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NC: 2023:KHC:23621 WP No. 12695 of 2023
2. Learned Sr. Panel Counsel appearing for the Respondent - Bank opposes the Petition contending that the subject property was notified for auction as many as six times and the same did not fructify; the last auction having been accomplished, the third Respondent has bought the property being the highest bidder; the possession having been taken over more than six months ago, the Writ Court should not grant indulgence especially when the Petitioner has got an alternate & equally efficacious remedy under Section 17 of the SARFAESI Act, 2002.
3. Having heard the learned counsel for the Parties and having perused the Petition papers, this Court is broadly in agreement with the submission made by the learned Sr. Panel Counsel appearing for the Respondent - Bank and therefore, declines indulgence in the matter consistent with catena of decisions rendered in the similar fact matrix.
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NC: 2023:KHC:23621 WP No. 12695 of 2023 In view of the above, this Writ Petition is disposed off reserving liberty to the Petitioner to approach the Appellate Authority within a period of four weeks and if Appeal is field within that period, the issue of limitation shall not be raised. All contentions are kept open.
There is force in the contention of learned Sr. Panel Counsel appearing for the Respondent - Bank that this order shall not be treated as a precedent the same having been made in the peculiar circumstances/facts of the case.
No costs.
Sd/-
JUDGE BSV