IN THE HIGH COURT OF KARNATAKA AT BAN G}5gL'QRE
DATED THIS THE nth DAY OF JULY 29%.: j
BEFORE
'THE HONBLE Mr. JUSTICE"A;fiT«:J.
WRIT PE'1*rrIoN Nos. 13737/2009 14813/20c9'%&L %i _
Gzv2..m;:'_:;
BETWEEN: * J
J.\/ezlkatesh, ' «-
Aged about 37 years, ' 'M _
S/0 late V.Jaya;raIn, ._
N935, BrindaVarL.Pa1§?adise,:
15' Cross,
Ba11ga1or€+5t3"Q.. ...PE'1'I'I'IONER
{Sri PLg:t:]ge%R;%Ra;§§§sh%%&L%%Laks£fini Hana, Advs.)
ANS:
1. R*3COV€1'j? Qfficer, "
Eights Recovcnfy 'Tzibunal,
A ";§{i'iS1'r;:?; BhaVaz1,'H'1:1dsI1 Circle,
" Nrulpaflzxfizga Road,
._-33Aaaga.;;>r¢T~5z30 00 1.
2. "Qor1*j'0raf;ion Bank,
By. its Chairman & M.D.,
_C9rp6rate Ofiice,
V iviangala Devi Temple Road,
"}:fangalore~5?5 00 3.
The Branch Manager,
A.R.M.BraI1<:h,
Corporation Bank,
14/ 15, K.Kamaraj Road,
Ba12ga10re~56{) G52. ...RESP'()NBEN'I'S
11.12.2008 pursuant to a notification. The petitioner
Claims that he is a successful bidder in the
accordingly made deposits 2111 terms of
The deposit made by the «isms l
Rs.81,81,(}10/--. A memo.is_a.1s.o=
on 16.01.2009 for issuaneueiof is It
appears, several filed by
M/s.S1.zjatha E-1a:o.d1ooxss_ which were
not 'appears has issued a
legal the recovexy
ofiiceij to however the same has
not been writ petition.
V' "$3.. R.R.:-urnesh, learned counsel
the petitioner submits that the petitioner
the entire sum of money. Hence,
the recovery ofiicer or in his absence, the Presiding
.. lfifiigzeii is obliged to deliver possession of the mortgaged
"property.
3. Mr.Ravi Shankar, learned counsel appearirig for
responéents 2 and 3 submits that they have very kmefi
/
role to piay in this matter, inasmuch as, the difi"e.zfence,
if any, is between the auction purchaser -"the
recovery ofiicer. 'V t V' V V.
4. Mr.Sanjeev Angadi, ieafiied.
for respondent No.1 submits A. 2
handed to Recovery Qt.” wast’?
Withdrawn by the wtéiS”e:it;’usted to
Recovery Ofiieer No. Ofiieer No.1
has been Hence,
the I3Qeco’*.~,IeIj;””‘§§fi’feerf”i’sotzixoi; position to deiiver
possession of ‘
j. .5. the papers. Apparently, an
– v . aegficatfiotfit eras filed before the Debt Recovery
“the Debt Recovery Tfibillial was of the
t_hat.vtA.7~{IAie Recovery Ofiicer No.2 will not be in a
to do justice to the party. Hence, he has
A’ ‘A~;fi3i'{}idraWn the matter finm RCCOV&I§%’ C)fiieerNo.2 and has
” “e11t3:’t1ste(i the same to Recovery Officer No. 1.111 the given
set of circumstances, if Recovery Offieer No.2 is not in a
/
position £0 do justice and Recovery Oflicer No.1 ie not Q
available, she having ban repatriated, it was incumbent
upen the Presiding Ofiieer hjmseif to V.
matter. An auction purchaser who
substantial sum cannot be maciée _Tf1*<')m'._.:
pest for possession of the prepertyf
Hence, the foflowiiig order' ;iés.sed: A
Petitions stand dispesetiei' the Presiding
Officer to deal the with law.
Conzpliaxicie the date of receipt of
this{)i:(1eIj..
” i_§f”’Pe1:.itions izlisposed of accordingly.
Sd/-v
Judge