Karnataka High Court
Sri K S Basavarajeshwari vs Canara Bank on 23 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
-1-
NC: 2024:KHC:28880
WP No. 19078 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 19078 OF 2024 (GM-RES)
BETWEEN:
SMT. K.S. BASAVARAJESHWARI,
W/O T.R. KUMARASWAMY,
AGED ABOUT 47 YEARS
NO. 65/283, 4TH CROSS,
THOMAS SCHOOL ROAD,
MARUTHINAGAR, VAJRAHALLI,
NELAMANGALA, BANGALORE - 562 123,
PAN: ALSPB5203D,
MOB: 9480576610,
MAIL: [email protected]
...PETITIONER
(BY SRI. MAHABALESHWAR CHITRIGEMATH, ADVOCATE)
AND:
Digitally signed 1. CANARA BANK,
by YAMUNA K
L A BODY CORPORATE CONSTITUTED UNDER THE
Location: High BANKING COMPANIES (ACQUISITION AND TRANSFER
Court of
Karnataka OF UNDERTAKINGS) ACT 1970,
SPECIAL MID CORPORATE BRANCH,
BASAVANAGUDI, NO. 69, 9TH MAIN ROAD,
JAYANAGAR, 3RD BLOCK,
BANGALORE - 560 011,
REPRESENTED BY ITS BRANCH MANAGER.
2. THE AUTHORISED OFFICER,
CANARA BANK,
OFFICE AT ASSET RECOVERY
MANAGEMENT BRANCH-1,
-2-
NC: 2024:KHC:28880
WP No. 19078 of 2024
2ND BLOCK, CO BLDG.,
NO. 86, SPENCER TO PETITIONER,
M.G. ROAD, BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. HEMANTH R. RAO, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO 1) QUASH THE AUCTION
SALE NOTICE DATED 05/07/2024 TO CONDUCT AUCTION SALE ON
24/07/2024 MARKED AS ANNEXURE-F AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR) In this petition, petitioner is seeking for the following reliefs:
"1. Writ of Certiorari by quashing the Auction Sale Notice dated 03.07.2024 to conduct Auction Sale on 24.07.2024 marked as Annexure-F.
2. Writ of Certiorari by quashing the Demand Notice issued under Sn.13(2) of the SARFAESI Act dated 30.08.2022 marked as Annexures-G.
3. Writ of Certiorari by quashing the Possession Notice dated 10.11.2022 issued under Sn.13(4) of the SARFAESI Act. marked as Annexures-H.
4. Direct the Respondent to pay cost of Rs.1,00,000.00 to petitioner towards the Court fee paid to DRT and Legal Expenses."-3-
NC: 2024:KHC:28880 WP No. 19078 of 2024
2. Heard learned Counsel for the petitioner and learned Counsel for the respondents and perused the material on record.
3. Learned Counsel for the petitioner submits that the petitioner is the absolute owner in lawful and peaceful possession and enjoyment of immovable property bearing Sy.No.30, measuring 0-37 Guntas, situated at Kenchanapura Village, Thyamagondlu Hobli, Nelamangala Taluk, Bangalore Rural District having acquired the same under registered Gift Deed dated 13.10.2021, executed by her mother. It is submitted that the petitioner is neither the borrower nor the guarantor in relation to a loan purporting to have been obtained by M/s. Avishkar Innovative Private Limited and others and though the petitioner is not a borrower/guarantor/tenant/purchaser from the aforesaid borrower or guarantor, respondent-Bank has issued the impugned auction sale notice dated 03.07.2024 at Annexure-F, demand notice dated 30.08.2022 at Annexures-G, Possession notice dated 10.11.2022 at Annexures-H, purporting to proceed against the aforesaid property of the petitioner, which was never mortgaged with the respondent-Bank and as such the petitioner is before this Court by way of the present petition.
-4-
NC: 2024:KHC:28880 WP No. 19078 of 2024
4. Per contra, learned Counsel for the respondent-Bank submits that due to oversight and inadvertence, the aforesaid property of the petitioner was shown/indicated in the impugned auction sale notice dated 03.07.2024 at Annexure-F, demand notice dated 30.08.2022 at Annexures-G, Possession notice dated 10.11.2022 at Annexures-H and the respondent-Bank would issue necessary corrigendum deleting the aforesaid property of the petitioner from the impugned notices and carryout necessary corrections and proceed further in accordance with law.
5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing the respondent-Bank to issue a corrigendum deleting the aforesaid property of the petitioner bearing Sy.No.30, measuring 0-37 Guntas, situated at Kenchanapura Village, Thyamagondlu Hobli, Nelamangala Taluk, Bangalore Rural District in the impugned auction sale notice dated 03.07.2024 at Annexure-F, demand notice dated 30.08.2022 at Annexures-G, Possession notice dated 10.11.2022 at Annexures-H and take necessary steps in this regard within a period of two weeks from the date of receipt of a copy of this order.
-5-
NC: 2024:KHC:28880 WP No. 19078 of 2024
6. In view of the disposal of this petition, the respondent-Bank is directed not to take any steps in relation to the aforesaid property of the petitioner in the auction sale schedule to be conducted on 24.07.2024.
7. Subject to the aforesaid directions, petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE PHM List No.: 1 Sl No.: 44 CT: BHK