JULIANA PIRES Vs. CHIEF MANAGER, CANARA BANK

JUDGEMENT

(1.) By this writ petition under Article 226 of the Constitution of India, the Petitioner impugns the auction notice dtd. 17/9/2022 issued by Respondent No.1-Canara Bank, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), being the notice for e-auction under the SARFAESI Act for sale of an immovable property being a Shop No.G-2, admeasuring 55 sq. mts., located on the ground floor of Building A, Village Panchayat of Queula, Ponda, South Goa.

(2.) The Petitioner claims to be a bonafide purchaser under sale deed dtd. 28/1/2019 registered before the Sub-Registrar at Ponda, Goa and claims to have been put in possession of the suit shop since the date of sale, wherein she claims, to be running a distribution business since that date. It is the Petitioner's case that she has already obtained a loan from the Respondent No.3-Bank with whom the said shop is now mortgaged to secure the said loan.

(3.) The impugned auction notice specifies that the sale of the suit shop is for recovery of the amount of Rs. 9,77,369.59 claimed by the Respondent No.2 as due from Respondent Nos.4 and 5 as on 30/6/2022.