SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Kar) 230

SREENIVAS HARISH KUMAR, S.RACHAIAH
Talampally Venture Pvt. Ltd. – Appellant
Versus
Anant Kumar Sakhare S/o. Rama Rao Sakhre – Respondent


Advocates Appeared:
For the Appellant : Sri Ameet Kumar Deshpande, Senior Counsel for Sri Ganesh Subhaschandra Kalaburagi.
For the Respondents: Smt. Sandhya U. Prabhu & Sri Sanganabasava B. Patil, Sri S.S. Aspalli.

JUDGMENT :

The order dated 15.11.2021 in writ petition No.201415/2021 has given rise to these two writ appeals which have been disposed of by a common judgment.

2. The first respondent in the appeals was the writ petitioner. For the sake of convenience the writ petitioner is referred to as the borrower, the appellant in W.A.No.200178/2021, as auction purchaser and the appellant in W.A.No.200194/2021, as bank.

3. The default committed by the borrower in repaying the loan that he had obtained from the bank resulted in collateral security created in land bearing Sy.No.77 measuring 17 acres 39 guntas situated at the village Malagatti, Taluk Aurad, District Kalaburagi ('property' for short) being brought to auction by the bank under Section 13(4) of The Securitization And Reconstruction of Financial Assets And Enforcement Of Security Interest Act, 2002 (‘SARFAESI ACT’ for short). The borrower filed the writ petition seeking a writ of certiorari to quash the sale notice dated 03.06.2021 published in the news paper on 11.06.2021 as per Annexure-H and e-mail communication dated 23.07.2021 issued by the bank as per Annexure-L. He also sought a writ of mandamus to the bank to consider his repre

                  Click Here to Read the rest of this document
                  1
                  2
                  3
                  4
                  5
                  6
                  7
                  8
                  9
                  10
                  11
                  SupremeToday Portrait Ad
                  supreme today icon
                  logo-black

                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                  Please visit our Training & Support
                  Center or Contact Us for assistance

                  qr

                  Scan Me!

                  India’s Legal research and Law Firm App, Download now!

                  For Daily Legal Updates, Join us on :

                  whatsapp-icon telegram-icon
                  whatsapp-icon Back to top