TALAMPALLY VENTURE PVT. LTD. Vs. ANANT KUMAR SAKHARE

JUDGEMENT

(1.) The order dtd. 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 Sec. 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 pe tition seeking a writ of certiorari to quash the sale notice dtd. 3/6/2021 published in the news paper on 11/6/2021 as per Annexure-H and e-mail communication dtd. 23/7/2021 issued by the bank as per Annexure-L. He also sought a writ of mandamus to the bank to consider his representation dtd. 20/7/2021. The learned Single Judge by order dtd. 15/11/2021, allowed the writ petition canceling the sale deed executed by the bank in favour of the auction purchaser and directed the bank as also the auction purchaser to execu te such documents as are required to annul the sale deed in respect of aforementioned property. The learned Single Judge also gave other directions as may be necessary for appropriating the amount that the borrower owed to the bank from the deposit made by him in the High Cour t and to take such other steps for completing the process of re-transfer of the property from the auction purchaser to the borrower. Aggrieved by the order of learned Single Judge, these two writ appeals are filed .