ROOPA H. K. Vs. KAVERI GRAMEENA BANK

JUDGEMENT

(1.) Petitioner-borrower is knocking at the doors of Writ Court with the following prayers:

(2.) After service of notice, the respondent-bank has entered appearance through its Panel Counsel and the auction buyer has entered appearance through its advocate. Both they oppose the Petition contending that the loan is of the year 2017; petitioner having not paid the loan back, the security property came to be auctioned on 15/4/2017. The Sale Certificate came to be issued on 7/6/2017; petitioner was before the Debt Recovery Tribunal in S.R.No.6214/2017 and that came to be dismissed on 20/11/2017; petitioner's W.P.No.55556/2017 laying challenge to the same also came to be dismissed as withdrawn on 19/4/2018, with no liberty reserved to reagitate; pursuant to that, the Sale Certificate came to be registered in favour of the auction buyer on 19/7/2018; despite all this, petitioner is continuing in the possession absolutely with no right whatsoever; so contending, they seek dismissal of the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this Court declines indulgence in the matter broadly agreeing with the submission made on behalf of the bank and the auction buyer as above. Admittedly, the petitioner was the borrower; the subject property was furnished by way of security for the repayment; petitioner remained in arrears of huge sums of borrowed money despite demand; the coercive proceedings resulted into public auction of the security property and now the Sale Certificate has also been registered.