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IN THE HIGH COURT OF KARNATAKA, AT BANGALORE
DATED THIS THE 24th DAY OF SEPTEMBER, 2013
BEFORE
THE HON’BLE MR. JUSTICE A.S. BOPANNA
WRIT PETITION No. 11544/2013 (GM-DRT)
BETWEEN:
Dr. Richard H. Mascarenhas, Aged about 53 years, S/o L.M. Mascarenhas, Vokkethur House, Vittala Post, Bantwal Taluk, D.K., Represented by his PA Holder Sri. A.S. Mascarenhas, Aged about 55 years.
…PETITIONER
(By Sri/Smt: PUNDIKAI ISHWARA BHAT, Advocate)
AND:
The Manager, The Federal Bank Ltd., PVS Junction, Sanu Palace, Kodialbail, Mangalore – 575 003.
WP No.11544/2013 2
M/s. Holla Associates, Sanu Palace, Kodialbail, Mangalore – 575 003. Rep. by its Partner.
Sri. Vasudeva Holla, Major, S/o Sri. Venkataramana, Amith, Bijay New Road, 7th Cross, Bijay, Mangalore – 575 004.
Smt. Anupama Holla, Major, W/o Sri. Vasudeva Holla, Amith, Bijay New Road, 7th Cross, Bijay, Mangalore – 575 004.
Sri. Rajesh Sanu, Major, S/o Sri. Chandrakanth. P. Sanu, Maruthi Krupa, Alake, Mangalore – 575 003.
WP No.11544/2013 3
Sri. K.R. Giri Rao, Major, S/o Sri. Lakshminarayana Rao, 6-1-4B, Krishna Krupa, Old State Bank Road, Valakad, Udupi – 576 101.
…..RESPONDENTS
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the impugned E – Auction Sale Notice dated 24.01.2013, published in Hindu Newspaper on 02.02.2013, issued under the provisions of Rule 38 and 52(2) of Second Schedule to the Income Tax Act, 1961, read with the Recovery Debts due to Banks and Financial Institutions Act, 1993, in proceedings DCP 3805 in OA No. 103/2004, before the Debts Recovery Tribunal, as per Annexure-A and public auction dated 05.03.2013, in so far as it relates to the schedule property. Direct the Recovery Officer of the Debts Recovery Tribunal to conduct sale of the properties shown in the E – Auction Sale Notice dated 24.01.2013 except the schedule property.
WP No.11544/2013 4
This Writ Petition coming on for orders on this day the court made the following order.
O R D E R
Steps in one week, failing which the petition will stand dismissed.
Sd/- JUDGE
T By : AMB C By : N R By : AMB
COPY Sd/- ASSISTANT REGISTRAR