Aura Engineering Contracts Pvt Ltd vs The Authorised Officer on 25 April, 2017

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Karnataka High Court

Aura Engineering Contracts Pvt Ltd vs The Authorised Officer on 25 April, 2017

Bench: A.S.Bopanna

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 25th DAY OF APRIL, 2017

                        BEFORE

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

     WRIT PETITION NO.8725/2016(GM-Res)

BETWEEN :

Aura Engineering Contracts Pvt. Ltd.,
Rep. by its Director,
Mr.T.R.Suresh Babu,
S/o.T.A. Ramachandrayya,
Aged 44 years,
No.37/12, 1st Floor,
Nagarbhavi Main Road,
Vijayanagar, Bengaluru - 560 040.        ...PETITIONER

     (By Sri.R.Ashok Kumar, Adv.)

AND :

The Authorised Officer,
Canara Bank,
Bijayanagar Branch,
#53, Magadi Chord Road,
Bengaluru - 560 040.                    ...RESPONDENT

     (By Sri.V.Haridas Bhat, Adv. for C/R)
                       . . . .

     This writ petition is filed under Article 226 of the
Constitution of India praying to quash the impugned E-
Sale Notice dated 28.01.2016 published on 29.01.2016
issued by the respondent vide Annexure `G'.
                               -2-


     This writ petition coming on for orders, this day,
the Court made the following:


                         ORDER

The petitioner is before this Court assailing the Sale notice dated 29.01.2016.

2. The learned counsel for the respondent has filed a memo dated 03.04.2017 indicating therein that the sale as proposed has not taken place.

3. If that be the position, the prayer as made in the petition at this juncture would not survive. However, keeping in view the further submission that an amount of Rs.1,41,00,000/- (Rupees One Crore, Fourty One lakhs) has been paid to the respondent - Bank, the petitioner may approach the respondent - Bank to settle the issue if any and settle the matter.

Petition is accordingly disposed of.

Sd/-

JUDGE SPS

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Karnataka High Court