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2025 DAILYLAW 31576 (KAR)

MRS DEVA HARITHA v. UNION OF INDIA

WP/22911/2021 · 2025-02-18

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:7151 WP No. 22911 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 22911 OF 2021 (GM-RES) BETWEEN: MRS. DEVA HARITHA W/O. DEVA ARAVIND BABU, AGED ABOUT 34 YEARS, R/AT NO. H.1-110, RELAKUNTA, NALLAVELLY MANDAL, WARANGAL DISTRICT, TELANGANA-506 349, REPRESENTED BY HEREIN GPA, HOLDER SRI. LAXMAN.D, SON OF VENKATRAMAN, AGED ABOUT 41 YEARS, R/AT NO. 91, ROOM NO. A1, BETWEEN 7TH AND 8TH MAIN, THULASHI THEATER ROAD, MARATHHALLI, BANGALORE-560 037. …PETITIONER (BY SRI. OM KUMAR.R., ADVOCATE) AND: 1. UNION OF INDIA, REPRESENTED HEREIN BY ITS SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001. 2. RESERVE BANK OF INDIA, ESTABLISHED UNDER THE RBI ACT, HAVING ONE OF ITS OFFICE AT NRUPATUNGA ROAD, BANGALORE-560 001. REPRESENTED HEREIN BY ITS MANAGER. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7151 WP No. 22911 of 2021 3. HILIFE VENTURES PVT LTD., HAVING ITS OFFICE AT NO. 137/1 AND 137/2, BALAGERE-GUNJUR ROAD, GUNJUR, VARTHUR HOBLI, BANGALORE-560 087, REPRESENTED HEREIN BY ITS DIRECTOR, SRI. KONDURU CHANDRA MOHAN REDDY. 4. RELIANCE HOME FINANCE LIMITED HAVING ITS REGISTERED OFFICE AT RUBY TOWER, 11TH FLOOR, NORTH-WEST WING, PLOT NO. 29, J.K.SAWANTH MARG, DADAR, MUMBAI-400 028, ALSO HAVING CORPORATE OFFICE AT NO.39, FFK TOWRS, 2ND FLOOR, 30TH CROSS ROAD, TILAK NAGAR, BANNERGHATTA ROAD, BANGALORE-560 029, REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENTS (BY SRI. H.SHANTHI BHUSHAN., DSGI FOR R1; R2-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Om Kumar.R., counsel for the petitioner has appeared in person. 2. The Sale Cum Auction Notice dated:08.11.2021 issued by the fourth respondent vide Annexure-C is called into - 3 - NC: 2025:KHC:7151 WP No. 22911 of 2021 question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. 3. Suffice it to note that as against the notice, there is an alternate and statutory remedy available before the DRT under Section 17 of the SARFAESI Act. If a person is aggrieved by the Sale Cum Auction Notice, he/she must approach the DRT, if so advised. Hence, I decline to exercise power under Writ jurisdiction. 4. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 17