Karnataka High Court
Smt Umadevamma vs Canara Bank on 1 July, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:24958
WP No. 16346 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 16346 OF 2024 (GM-RES)
BETWEEN:
SMT UMADEVAMMA
W/O B R SHIVANNA,
AGED ABOUT 71 YEARS,
R/A NO. 42, 4TH CROSS,
9TH MAIN, HAMPINGAR,
NEAR CENTRAL LIBRARY,
VIJAYANAGAR 2ND STAGE,
BENGALURU 560 040.
...PETITIONER
(BY SRI. V B SHIVA KUMAR., ADVOCATE)
AND:
1. CANARA BANK
SME PEENYA BRANCH,
13TH CROSS, 2ND STAGE,
PEENYA INDUSTRIAL AREA,
Digitally BENGALURU - 560 058,.
signed by REP BY ITS AUTHORIZED
Vandana S OFFICER/ SENIOR MANAGER.
Location:
HIGH COURT 2. THE AUTHORIZED OFFICER/ SENIOR MANAGER
OF CANARA BANK, SME PEENYA BRANCH,
KARNATAKA
13TH CROSS, 2ND STAGE,
PEENYA INDUSTRIAL AREA,
BENGALURU - 560 058.
3. M/S SLN CNC TECH PRIVATE LTD
A PRIVATE LIMITED COMPANY,
HAVING ITS OFFICE AT NO. 8,
9TH CROSS, RAJAGOPALNAGAR MAIN ROAD,
GANAPTHI NAGAR, PEENYA 2ND STAGE,
BENGALURU - 560 008.
REP BY ITS AUTHORIZED SIGNATORY
DIRECTOR.
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NC: 2024:KHC:24958
WP No. 16346 of 2024
4. SHRI M V ASHOKA
S/O M V VIRUPAKSHARADHYA,
AGED ABOUT 51 YEARS,
R/A NO. 2, 6TH CROSS,
NAGADEVANAHALLY,
JNANABHARATHI POST,
BENGALURU SOUTH
BENGALURU - 560 056.
5. SMT M V SUMA
D/O M B VIRUPAKSHARADHYA,
AGED ABOUT 49 YEARS,
R/A NO. 2, 6TH CROSS,
NAGADEVANAHALLY,
JNANABHARATHI POST
BENGALURU SOUTH,
BENGALURU - 560 056.
6. SHRI J M SHIVAPRASAD
S/O VRUSHABHENDRAIAH,
AGED ABOUT 55 YEARS,
R/A NO. 63, 4TH BLOCK
4TH CROSS, R M V 2ND STAGE,
DOLLARS COLONY M L A LAYOUT,
BENGALURU - 560 094.
7. SHRI MAHALINGAPPA BOOTHEGOWDA (M L B GOWDA)
AGED ABOUT 68 YEARS,
R/A NO. 6, LAKE VIEW, DEFENSE COLONY,
SHETTIHALLI, JALAHALLI WEST,
BENGALURU - 560 015.
...RESPONDENTS
(BY SRI. VIGNESH SHETTY, ADVOCATE FOR R-1, 2 & 6)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE FOLLOWING
NOTICES.NOTICE BEARING NO. PNY II STAGE/GKS/SN/561/2024
DTD. 13.05.2024 ISSUED BY CANARA BANK UNDER THE
PROVISIONS OF SECTION 13(4) OF THE SECURITIZATION AND
RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT
OF SECURITY INTEREST ACT, 2002 PRODUCED AT ANNX-A IN SO
FAR AS PETITIONER CONCERN ONLY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:24958
WP No. 16346 of 2024
ORDER
In this petition, the petitioner seeks the following reliefs:
" a) Issue a Writ in the nature of Certiorari or any other appropriate Writ or Order or direction quashing the following Notices:
(i) Notice bearing No. PNY II SATGE /GKS/SN/561/2024 dated: 13.05.2024 issued by Canara Bank under the provisions of Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, produced at Annexure-A; in so far as petitioner concern only.
(ii) Auction Sale Notice for sale of immovable properties under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 r/w Proviso to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, dated: 13.05.2024 issued by Canara bank, produced at Annexure-B; in so for all petitioners concern only.
(iii) Terms and conditions of the sale of immovable properties published by Canara Bank published in English daily Newspaper-
Indian Express dated: 15.05.2024, produced at Annexure-D; in so for as petitioner concern only.
(v) Auction Sale Notice for sale of immovable properties published by Canara Bank published in Kannada daily NEWS Paper-Samyukta Karnataka dated:
15.05.2024, produced at Annexure-e; in so for as petitioner concern only.
b) Consequently, direct the respondents 1 and 2 to proceed against he personal properties of the respondents 4 -4- NC: 2024:KHC:24958 WP No. 16346 of 2024 to 6 and other persons for recovery of the loan dues from the third respondent company and to exonerate the property of the petitioner being sold in e-public auction;
c) Grant such other relief, order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case and allow the Writ petition with cost, in the interest of justice and equity".
2. Heard learned counsel for the petitioner and learned counsel for respondent Nos.1 and 2 and perused the material on record.
3. Learned counsel for respondent Nos.1 and 2-Bank submits that apart from the fact that the petitioner has already instituted proceedings in S.A.No.157/2024, which is currently pending before the Debt Recovery Tribunal, Bengaluru (DRT), the present petition is not maintainable in the light of availability of the equally efficacious and alternative remedy already availed of/can be availed by the petitioner, pursuant to the auction sale conducted on 20.06.2024, in which Mrs. Kanisa Nagesh W/o Krishna Kanisa, No.51, 3rd Cross, Magadi Road, Vidhyaranyapura, Bengaluru-560 025, is the successful auction purchaser. It is therefore, submitted -5- NC: 2024:KHC:24958 WP No. 16346 of 2024 that the present petition is not maintainable and the same is liable to be dismissed.
4. Per contra, learned counsel for the petitioner submits that in the aforesaid S.A.No.157/2024, the petitioner has filed an interlocutory application seeking interim relief and the same is pending adjudication before the DRT, which has posted the matter to 28.08.2024. It is further submitted that the petitioner would make necessary application seeking preponement/advancement of the said S.A.No.157/2024 from 28.08.2024 to 05.07.2024 and necessary directions be issued to the Tribunal to dispose of the said interlocutory application for interim prayer sought for by the petitioner and till the disposal of the same, the interim order passed by this Court may be continued.
5. In view of the aforesaid facts and circumstances and in the light of the undisputed fact that the petitioner has already filed interlocutory application seeking interim relief in S.A.No.157/2024, which currently stands posted to 28.08.2024, without expressing any opinion on the merits/demerits of the rival contentions, I deem it just and appropriate to dispose of this petition directing the petitioner to prepone/advance the matter from 28.08.2024 to -6- NC: 2024:KHC:24958 WP No. 16346 of 2024 05.07.2024. It is further directed that till disposal of the aforesaid interlocutory application by the DRT within two weeks from 05.07.2024, the interim order dated 25.06.2024 passed by this Court shall continue to remain in force and operate between the parties. It is made clear that the Tribunal shall dispose of the application filed by the petitioner for interim relief without reference to any other application filed/to be filed by the petitioner. All rival contentions are kept open and no opinion is expressed on the same.
6. Subject to the aforesaid observations and directions, the petition stands disposed of.
Sd/-
JUDGE BMC List No.: 1 Sl No.: 41