Back
PARESH UPADHYAY, R. VIJAYAKUMAR
A. P. Steel & Alloys, Rep. by its Partner, D. Purushothaman – Appellant
Versus
Authorized Officer, Canara Bank, Tiruchirappalli – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned auction sale notices issued by the first respondent in his proceedings Nil dated 25.02.2022 and 10.03.2022 and quash the same as illegal and without jurisdiction and consequently directing the respondents to permit the petitioner to redeem the land and machineries morefully described at Column 5 of the detailed terms and conditions of the sale dated 30.03.2022 annexed along with the impugned sale notices dated 25.02.2022, on payment of the entire reserve price/sale price as indicated in the impugned e-auction sale notices.)
Paresh Upadhyay, J.
1. The petitioner challenges the auction sale notice dated 25 February 2022 as amended by notice dated 10 March 2022. The prayer clause reads as under:
“Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned auction sale notices issued by the first respondent in his proceedings Nil dated 25.02.2022 and 10.03.2022 and quash the sa
The court found that it would not be proper to entertain the petition challenging the auction sale notice at this stage.
High Court lacks writ jurisdiction in factual disputes on auction validity preferring civil court adjudication.
Invoking jurisdiction under Article 226 of the Constitution of India in the circumstances of a pending SARFAESI Application before the Debts Recovery Tribunal would amount to an abuse of process of c....
The court has the discretion to provide directions for deferment of sale proceedings and allow the petitioner to seek relief under RBI guidelines.
A writ petition challenging an auction sale notice becomes infructuous and academic when the proposed auction fails to materialize and no third-party rights are created, warranting dismissal while pr....
The court considered the petitioner's willingness to pay a substantial amount of the total due within a specified timeline and provided the petitioner with the opportunity to approach the bank for lo....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
