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K.S. GOWDA EDUCATION TRUST (REGD.) v. THE AUTHORISED OFFICER CANARA BANK

Supreme Court of India | Diary 10190/2023

Status

ROP - of Main Case

Decided On

01-05-2023

Bench

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL and HON'BLE MR. JUSTICE ARAVIND KUMAR

Petitioner

K.S. GOWDA EDUCATION TRUST (REGD.)

Respondent

THE AUTHORISED OFFICER CANARA BANK

Primary Holding

A defaulter under the SARFAESI Act, 2002 cannot seek judicial interference to halt auction proceedings of mortgaged property merely on account of being an educational trust, absent any genuine effort toward repayment.

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Full Judgment Text

1 ITEM NO.15 COURT NO.2 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6331/2023 (Arising out of impugned final judgment and order dated 05-01-2023 in WP No. 22616/2022(GM-RES) passed by the High Court Of Karnataka At Bengaluru) K.S. GOWDA EDUCATION TRUST (REGD.) Petitioner(s) VERSUS THE AUTHORISED OFFICER CANARA BANK Respondent(s) (FOR ADMISSION and I.R. and IA No.65056/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 01-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Ms. Manju Jetley, AOR[N.P.] Ms. Nidhi Vardhan, Adv.[N.P.] For Respondent(s) UPON perusing the record the Court made the following O R D E R The matter has been passed over once and called a second time. None appears for the petitioner. In view of the aforesaid, we have perused the record before us. The petitioner is a case of defaulter against whom Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) proceedings were initiated and the mortgaged property

2 was put up for auction. On further proceedings being initiated by the petitioner, interim protection was granted. Despite repeated additional time being given on the ground of being an Educational Trust, the petitioner failed in the same. In fact not a single rupee was paid though the matter was adjourned at the behest of the petitioner on 15.12.2022, 02.01.2023 and 05.1.2023. We thus, find no reason to interfere with the impugned order. The Special Leave Petition is accordingly dismissed. Pending application stands disposed of. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.31 COURT NO.2 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6331/2023 (Arising out of impugned final judgment and order dated 05-01-2023 in WP No. 22616/2022(GM-RES) passed by the High Court Of Karnataka At Bengaluru) K.S. GOWDA EDUCATION TRUST (REGD.) Petitioner(s) VERSUS THE AUTHORISED OFFICER CANARA BANK Respondent(s) (FOR ADMISSION and I.R. and IA No.65056/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 05-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Sandeep Malik, Adv. For Ms. Nidhi Vardhan, Adv.[N.P.] Ms. Manju Jetley, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R An adjournment is requested on the ground that the arguing counsel is indisposed. List on 01.05.2023. We make it clear that the pendency of the matter is not to be taken as an excuse for any impediment in the proceedings which are continuing. (ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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