IN THE HIGH COURT OF KARNATAKA, AT BANGALORE (ORIGINAL JURISDICTION) W.P. No. / 2023 (GM-DRT) PRESENTATION FORM Bangalore District Serial No. Between Advocate Sri.T. Mohandas Rao, Mss. Hotel Star Grondeur No.9, III Floor, Reptd. by its Partners Kurubera Sangha Bldg., Sri, Ameerul Shabaz, & 2 Main, Gandhinagar, Smt, Afshan Taranum Bangalore-560 009. Ph:9342573620 And ‘Mail id: tmohandasrao@gmail.com ‘Canara Bank SI. Description of Paper Presented Court Fee Affixed Nos. On the paper 1 On the Memo of Writ Petition, 2. On Vakalath 3 Memo with sealed cover 4. On Process Fee 5. On Copy Application for interim order TOTAL: ‘Number of Copies Furnished Other side served Presented by Advocate for Petitioner / Applellant /Respondent Received Paper with Court-fee as above Advocate’s Clerk Date:06.07.2023 Bangalore Receiving ClerkBEFORE THE HIGH COURT OF KARNATAKA, AT BANGALORE, (ORIGINAL JURISDICTION) WRIT PETITION No. /2023 (GM- DRT) BETWEEN : Mss. Hotel Star Grondeur, And Others ss, PETITIONERS AND: Canara Bank sss RESPONDENT INDEX SL.No PARTICULARS Pages C.RPaid 1. | Synopsis I-3 2. |Memorandum of writ petition under article 226 and 227 of constitution of India feu 3. | Affidavit verifying the writ petition. 12 4, | ANNEXURE-‘A’: Copy of the Demand notice ws 13(2) of the said act on 30.01.2023. 1B-Th 5, |ANNEXURE-B’: Copy of the _ letter dtd:23.03.2023 [3-221 6, |ANNEXUREC’: Copy of the legal notice | dtd:10.02.2023 issued by the Respondent Bank. |2 3+ 44 7 ANNEXURE-‘D’:Copy of the _ etter dtd:14.04.2023 sent by the petitioners. acl 29 8 ANNEXURE-‘E’: Copy of the possession | notice dtd:15.04.2023. Zo ANNEXURE:’F’: Copy of the sale notice 9. |dated 08.06.2023 issued by the Respondent ¢zj~ 36 Bank. ANNEXURE-‘G’: Copy of the letter 10. | dtd:12.06.2023 raised objections by the 2? Ze petitioners. ANNEXURE-H: Copy of the reply | 11. | dtd:17.06.2023 issued by the Respondent }>" Bank. 12, | Vakalath Up Bangalore Advocate for Petitioners Dated :06.07.2023 (I. Mohandas Rao)BEFORE THE HIGH COURT OF KARNATAKA, AT BANGALORE, (ORIGINAL JURISDICTION) WRIT PETITION No. / 2023 (GM- DRT) BETWEEN: Mis. Hotel Star Grondeur, And Others sss PETITIONERS AND: Canara Bank ss RESPONDENT SYNOPSIS SL.No. DATE EVENTS L The 1 petitioner is a Partnership firm represented by its partners the petitioners 2 & 3 carrying on Hotel business under the name & style M/s. Hotel Star Grondeur have availed certain credit facilities (3 loans) under different heads from the Respondent Bank totally to the tune of Rs.9,29,55,000/- (Rupees Nine Crore Twenty Nine Lakhs Fifty Five Thousand Only). 2. | 30.01.2023 | The Respondent have issued notice u/s 13(2) of the said Act on calling upon the petitioners to pay the outstanding loan amount within 60 days from the date of said notice. 3. | 23.03.2023 | The petitioners sent a letter seeking sometime to clear the loans. 4 10.02.2023 | The Respondent Bank sent a legal notice calling upon the petitioners to clear the outstanding dues within 15 days from the receipt of the said notice, 5. 14.04.2023 | The petitioners submitted a letter to the Respondent Bank not to precipitate the issue by taking any further coercive steps,the Respondent Bank issued possession notice u/s 13(4) of the Act to take symbolic & | 15.04.2023 possession ofthe entire secured assets. : to issue 08.06.2023 | The Respondent Bank further proceeded - ice putting the entire secured assets In an E- sale noti auction conducted on 12.07 2023. | 12.06.2023 The petitioners sent a letter by raising objections & .06.: regarding the improper valuation made. a FACTS OF THE CASE 1) The 1* petitioner is a Partnership firm represented by its partners the petitioners 2 & 3 carrying on Hotel business under the name & style M/s. Hotel Star Grondeur Nelson Mandela Road, Bannimantapa Layout, Mandi Mohalla, Mysore-570 010 have availed certain credit facilities (3 loans) under different heads from the Respondent Bank totally to the tune of Rs.9,29,55,000/- (Rupees Nine Crore Twenty Nine Lakhs Fifty Five Thousand Only) during the years 2016 -2019. As security towards the facilities availed the petitioners 1 & 2 have mortgaged their immovable property. 2) The Petitioners made substantial repayment towards the monthly instalments and thereafter due to the worldwide outbreak of Covid =. Pay the ae The petitioners approached the the Respondent Dan, et the loan accounts and on 14.10.2022 Rs2.43,649). io a the loan accounts by debiting a sum of ring the charges. 3) Despite the reg tructurs further initiate we Made on 14.10.2022, the Respondent Bank very Proceedings under the §. ARFAESI Act b ct by issuing notice ws 13( 2 F loans outstanding w ) of the said act on 3 : . tanding within 60 da 1 30.01.2023 recalling the entire S- On rece} Pt of the same, the petitionersappraised the ground situation by letter dtd:23.03.2023 seeking sometime to clear the loans. Thereafter, the Respondent Bank sent a legal notice dtd:10.02.2023 to clear the outstanding dues within 15 days from the receipt of the said notice, The petitioners submitted a letter dtd:14.04.2023 requesting the Respondent Bank not to precipitate the issue by taking any further coercive steps. Thereafter, the Respondent Bank further proceeded to issue notice ws 13(4) of the Act on 15.04.2023 taking symbolic possession of the entire secured assets. 4) Despite various requests made, the Respondent Bank further proceeded to issue sale notice dated: 08.06.2023 putting the entire secured assets for sale on 12.07.2023 fixing the reserve price at Rs.12,84,08,000/- (Rupees Eighteen Crore Eighty Four Lakhs Eight Thousand Only). As per the said notice, a demand is made for a sum of Rs.13,86,52,375=94 (Rupees Thirteen Crore Eighty Six Lakhs Fifty Two Thousand Three Hundred Seventy Five & Ninety Four Paise Only) by putting the entire properties to auction. The petitioners by letter dtd:12.06.2023 raised their objections regarding the improper valuation made. Pursuant thereto, the Respondent Bank sent a cryptic reply dtd:17.06.2023 justifying the valuation made without furnishing any authentic proof to show. Hence, there is a serious threat of the petitioners loosing the valuable properties for a price much lower than the market value. Hence, this writ petition. Bangalore Advocate for Petitioners Dated : (T. Mohandas Rao) Advocate, No.9, 3" Floor, K.S. Bldg, 2" Main Road, Gandhinagar, Bangalore-560 009,ph FORE THE HIGH COURT OF KARNATAKA, AT BANGALORE, (ORIGINAL JURISDICTION) WRIT PETITION No. /2023 (GM- DRT) per WSEN: 1) Ms Hotel Star Grondeur, ‘A Partnership Firm having its Registered office at: No.1 & 1A, Nelson Mandela Road, Bannimantapa Layout, Mandi Mohalla, Mysore-570 010. Represented by its Partners:- 1) Sri, Ameerul Shabaz, & 2) Smt. Afshan Taranum 2) Sri, Ameerul Shabaz, S/o. Sti.N.R. Mohammad Ghousel, Aged about 43 years, 3) Smt. Afshan Taranum, ‘Wo. Sri. Ameerul Shabaz, ‘Aged about 40 years, Both are R/at: Near Hanif Mohala, Mandya Road, Nagamangala, Karnataka-—571432,00 ttetes PETITIONERS AND: The Authorised Officer/ Chief Manager, Canara Bank, Nagamangala Branch, BM. Road, Nagamangala Mandya-S71432.0000 tt RESPONDENT MEMORANDUM OF WRIT PETITION UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA ‘The Petitioners above named begs to state as follows: FACTS OF THE CASE 1) It is submitted that the 1* petitioner is a Partnership firm represented by its partners the petitioners 2 & 3 carrying on Hotel business under the name & style M/s. Hotel Star Grondeur Nelson Mandela Road, Bannimantapa Layout, Mandi Mohalla, Mysore-570 010 haveunder different heads +. cacti 3 loans) it facilities ¢ ens 92955:00 a recite availed certain © the tne totally ! the Respond i cuts ity FE ‘thousand Only) di i Nine Crore ety the years 2016 2019. financial facilitie s security towar submitted that ave mortgaged th 2) It is the petitioners 1 & 2h commercial building wil property bearing Nol & North to South 120 feet, i Nelson Mandela Road, Bannimantapa Mysore, which is morefully described in schedul the SCHEDULE. PROPE! n all measuring 10800 sq.feet, situated at «4? Layout, Mandi Mohalla, le hereunder and hereinafter referred to as RTY. 1otel business was running smoothly to the satisfaction of the 3) The petitioners submits that the h mn, The for long and the banking transaction wa: Respondent Bank as per the terms agreed under the sanctio credit facilities availed have been utilised for the expansion and development of the hotel business and the loan accounts were being operated in strict compliance with the sanction. 4) The petitioners submit that they were very prompt and regular in the matter of repayment of the loan and they have made a substantial repayment towards interest and principal. Subsequently, during the ‘year 2020 onwards the hotel business suffered a serious setback due to worldwic i i ie e outbreak of Covid Pandemic, volatile market situation, our probl i ie i pa iB lem and the stringent fiscal policies introduced by the . The cumulati : ive effect of all these aspects had an adverse impact on the hotel business and the petiti : petitioners could not service the loan accounts with the Respondent Bank. H. + However, as a conscious borrowers petitioners approached the Respor for rs the shed the Respondent Bankrestructuring the loan accounts and in pursuance of the same, the Respondent Bank on 14.10.2029 restructured the loan accounts by Ce Rs.2,43,640/- towards restructuring the charges. 5) It is submitted that despite the restructuring made on 14.10.2022, the accounts have been classified as NPA on 28.01.2023 and further initiated recovery proceedings under the SARFAESI Act by issuing notice ws 13(2) of the said act on 30.01.2023 recalling the entire Joans outstanding within 60 days from the date of the said notice. A copy of the demand notice w/s.13(2) is produced herewith as ANNEXURE-‘A’, On receipt of the said notice, the petitioners appraised the ground situation to the Respondent Bank by letter dtd:23.03.2023 seeking sometime to clear the loans. A copy of the letter dtd:23.03.2023 is produced herewith as ANNEXURE-‘B’. 6) It is submitted that after initiating proceedings under the SARFAESI Act by issuing notice u/s.13(2) of the Act on 30.01.2023, the Respondent Bank sent a legal notice dtd:10.02.2023 through their counsel to clear the outstanding dues within 15 days from the receipt of the said notice, which clearly nullifies the validity of the earlier notice issued w/s.13(2) of the Act. A copy of the notice dtd:10.02.2023 is produced herewith as ANNEXURE-‘C’. 7) It is submitted that immediately thereafter, the petitioners approached the Respondent Bank personally and requested to provide an opportunity to clear the dues by selling the secured asset mortgaged. The petitioners also made earnest request by letter dtd:14.04.2023 to recall the notice issued w/s.13(2) of the Act and not to precipitate the issue by taking any further coercive steps. A copy of the letter dtd:14,04.2023 is produced herewith as ANNEXURE- D’.The petitioners submit that despite the request made with | Ta jtuation the Respondent Bank 5, iling s' disregard to the preval roceeded to issue notice w/s 13(4) of the Act on 15.04.2023 tage, ‘ cured assets. Copy of th symbolic possession of the entire se possession notice dtd:15.04.2023 is produced herewith ANNEXURES-‘E’. 9) It is submitted that despite the request made by the petitioners, th Respondent Bank further proceeded to issue a sale notice dated 08.06.2023 putting the entire secured asset for sale in an E-auction ) be conducted on 12.07.2023 fixing the reserve price of Rs.33,39,85,000/- as against the demand of Rs.10,22,26,059=74 (Rupees Ten Crore Twenty Two Lakhs Twenty Six Thousand. Fifty Nine & Seventy Four Paise Only). A copy of the sale notice 3 is produced herewith as ANNEXURE-‘F’. 10) It is submitted that immediately on receipt of the sale notice dtd;08.06.2023, the petitioners by letter dtd:12.06.2023 raised their objections regarding the improper valuation made. A copy of the letter dtd:12.06.2023 is produced herewith as ANNEXURE-‘G’. In response to the same, the Respondent Bank sent a cryptic reply dtd:17.06.2023 justifying the valuation made without furnishing any authentic proof to show. A copy of the letter dtd:17.06.2023 is Produced herewith as ANNEXURE-‘H’ 11) It is submitted that the reserve price fixed by the Respondent B: is well below the prevailing market Price. The Respond its anxiety to put the property for sale, fixed the reservetoa threat of losing their valuable property for a throw is apprehended that the Respondent Bank may at anytime take coercive step to take the physical possession of the secured asset by dispossessing the petitioners using force in pursuance of the auction sale. In such an event, the Petitioners will be put to severe hardship and their valuable right over the schedule property will lost forever. 13) The petitioners submit that no other application or petition has been filed either before this Court or before any other forum on the same cause of action, 14) Aggrieved by the above, the petitioners left with no alternative and efficacious remedy beg to prefer this writ petition on the following amongst other grounds. GROUNDS 15) The entire proceedings initiated by the Respondent Bank despite repeated requests made by the petitioners appraising the ground situation in order to arrive at an amicable settlement to clear the dues is highly arbitrary, illegal and against the principles of natural justice and hence the same is liable to be set aside. 16) The petitioners have made a considerable repayment despite serious adversities and the Respondent Bank failed to take note of the same. Further, the objections raised by the petitioners to the notice issued ws.13(2) of the Act is not considered by the Respondent Bank. Without considering the objections raised, the Respondent Bank proceeded further to issue possession notice which is not sustainable in law. Infact the notice issued w/s.13(2) of the Act dtd:30,01.2023has become infructuous in view of the fact that a subsequeng | 2 s notice was issued through the counsel dtd:10.02.2023 With direction to clear the loans within 15 days from the date of Teceipp, the said notice, 17) The reserve price fixed by the Respondent Bank is totally erroneoys and the Authorised Officer ought to have obtained proper Valuation Teport before fixing the reserve price. The provision of the SARFAESI Act and the Rules made thereunder ensure that the secured asset is not sold for a song. The Bank and financial institutions which resort to the extreme measures under the SARFAESI Act for the sale of secured assets to ensure that such sale of the assets Provides maximum benefit to the borrowers. Contrary to the above, the Respondent Bank has fixed the reserve price which 'S well below the prevailing market price. 18) The Apex Court has made clear observations time and again that the provisions contained in section 13(8) of the SARFAESI Act is Specifically for the Protection of the borrowers in as much as ownership of the secured asset is a Constitutional right vested in the borrowers and protected under Article 300A of the Constitution of India. Therefore, the secured Creditor as a trustee of the secured asset cannot deal with the same in any manner it likes. Hence, any sale effected without complying with the Rules 8 and 9(1) would be Unconstitutional and therefore, null and void, Before fixing the Teserve price, the Respondent Bank has to obtain correct valuation of the property. The reserve price fixed by the Respondent Bank is without any basis,Respondent Bank wants to sell the valuable property for at away price without observing mandatory requirements as presorib under the Act & Rules and hence liable to be set aside. 20) GROUND FOR INTERIM PRAYER The Respondent Bank having issued the sale notice may proceed with the proposed auction dtd:12.07.2023 and sell the schedule property for a throw away price which is well below the prevailing market rate and hence, it is just & necessary to grant an interim order restraining the Respondent Bank from proceeding with the sale notice dtd:08.06.2023 (ANNEXURE-F), pending disposal of the above writ petition, in the interest of Justice and Equity. 21) PRAYER Wherefore, it is most respectfully pray that this Hon’ble Court be pleased to — a) issue a writ of certiorari quashing the impugned E-auction sale notice dtd:08.06.2023 fixing the date for auction dtd:12.07.2023 (ANNEXURE -‘F’) issued by the Respondent Bank under the provisions of SARFAESI Act. b) issue a writ of mandamus directing the Respondent Bank not to proceed with the proposed auction sale dtd:12.07.2023. c) grant such other reliefs as this Hon’ble court may deem fit under the facts and circumstances of the case, in the interest of Justice & Equity. 22) INTERIM PRAYER WHEREFORE, the Petitioners most respectfully pray that this Hon’ble court be pleased to pass an interim order restraining the Respondent Bank from proceeding with the proposed auction sale dtd:12,07.2023, pending disposal of the above writ petition, in the interest of Justice & Equity.‘CHEDULE : 5 All that piece and parcel of the commercial building mo ms restaurant and lodging in the property bearing No.1 & 1A; ae vn to West 90 feet and North to South 120 feet, in all measuring 0 sq.feet, situated at Nelson Mandela Road, Se ‘Al mine Mandi Mohalla, Mysore and bounded on East by: Site No.2, West by: Cross Road, North by: Main Road and South by: Site No.8. Bangalore Dated: Advocate for Petitioners (T. Mohandas Rao) Address for service: Sri.T. Mohandas Rao, Advocate, No.9, 3 Floor, K.S. Bldg., 2™ Main Road, Gandhinagar, Bangalore-560 009. Mob: 9342573620. Mail id: tmohandasrao@gmail.comBEFORE THE HIGH COURT OF KARNATAKA, AT BANGALORE, (ORIGINAL JURISDICTION) WRIT PETITION No, 12023 (GM- DRT) BETWEEN : Mis. Hotel Star Grondeur, ‘And Others vee PETITIONERS AND: Canara Bank VERIFYING AFFIDAVIT I, AMEERUL SHABAZ, S/o. Sri.N.R. Mohammad Ghousel, aged about 43 years, residing at Near Hanif Mohala, Mandya Road, Nagamangala, Kamataka — 571 432, presently at Bangalore, do hereby solemnly affirm and state on oath as follows:- 1) I submit that, I am the 2™ Petitioner in the above petition, the 1" petitioner is a firm and the 3" petitioner is my wife. I am well conversant with facts and circumstances of the case. Hence, I am swearing to this affidavit on my behalf and also on behalf of the petitioners 1 & 3 2) I submit that the averments made at paras 1 to 22 in the accompanying, writ petition are true and correct to the best of my knowledge, belief and information. 3) I submit that the ANNEXURE-‘F? is the original and ANNEXURES- ‘A’ to ‘E’, ‘F’ & ‘G’ are the true copies of respective originals. What is stated above is true and correct to the best of my knowledge, information and belief. Identified by me Deponent, Swom to before me Advocate Bangalore Date: No. of corrections,Awexobe- agamangela Branch, BM Road,Nagamangala, Mandya Distrct-571432 DEMAND NOTICE (SECTION 13(2)} ‘TO BORROWER/ GUARANTOR/MORTGAGOR ,, {32/SARFAESIRECOVERY/2023 Date: 30.01.2023 BORROWER: MISSTAR GRANDEUR Property No 1 & 1A ‘Nelson Mandela road Bannimantap A Lay out Mandi Mohalla MYSORE-S70010 Karnataka state PARTNERS: ‘SRI AMEERUL SHBABAZ “4 S1ONR MOHAMED GHOUSE, HANEEF MASJID, HANEEF MOHALLA MANDYA ROAD NAGAMANGAL TALUK MANDYA,KARNATAKA STATE-571401 ‘2.SMT AFSHAN TARANUM. ‘W/O AMEERUL SHBABAZ HANEEF MASJID, HANEEF MOHALLA MANDYA ROAD NAGAMANGALTALUK MANDYA,KARNATAKA STATE-S71401 var Sit bs Notice issued under Section 13(2} of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, The undersigned being the Authorued Officer of Canara Bank, Nagamanagals’ tvanch{neremafter referred to as “the secured creditor’), appointed under the Securitisation and Freconstruction of Financial Assets and Enforcement of Securty Interest Act, 2002, (hereinafter ‘wferred asthe "Act"} do hereby issue this notice to you as under: 1 aie fant j Ne ay \ed peer eee! eerul Shabaz S/o credit facility / facilities aa nai Taranam (hereinafter referred to a5 the Borrowers”) has eins atte eel in the Schedule A hereunder and has entered intothe Secor etaiga 11 esx ree creditor. While availing the said financial assistance, you have oned agreements. n amount/s in accordance with the terms and conditions of the is Partners: Sri Am expressl¥ un above ment the payment on demand ofall tothe secured creditor by the wut (hereinafter referred to as “the Guarantors”) has guaranteed Crores Twenty nine moneys and discharge all obligations and lablit ilities owing or in 1d porrower for credit facilities up to the limit of Rs. 92958 coor. (ul ees Nine lakhs fifty five thousand Only) with interest thereon.. a ‘That You (The person mentioned in schedule 8) are also entered in to agreements against the secured sssets which are detailed in Schedule B” hereunder Lacopungeestie the operation and conduct cial assistance / credit fecaulny of the pula The books of account maintained by the secured assets shows that rower towards the secured creditor as On 28.01.2023 amounts Rs 9,73,96,468.19 (Rupees Nine Cores Seventy three lakhs Ninety six thousand four hundred sixty eight and paise nineteen Only) to the details of which together with future interest rate are stated in Schedule C hereunder. It is further stated that the Borrower/Guarantor having failed to keep up with the terms of the above said agreement in clearing the “hues of the secured creditor within the time have been evasive in settling the dues. The operation ‘and conduct of the above said sistance / credit facility/ies having come to ¢ tandstil and asa consequence of the epayment of principal debt/ installment vind interest thereon, the secured a te classify the debt as Non Performing Asset (pa) as on 28.01.2023 n /guidelines relating to asset classification issued by the Reserve Bank of the said finan‘ as of given, and financial as default committed in r creditor was constraine’ accordance with the directives of India. igh this notice brings to yOu" attention that the Borrower has failed and id dues/ outstanding liabilities and hence hereby demand you under this notice to discharge in full the liabilities of the Borrower as the secured creditor within 60 days from the date of receipt of notice that you are also liable to pay future interest at the hall costs, charges, expenses and incidental expenses with he secured creditor in recoverint The secured creditor throu neglected to repay the sait Section 13(2) of the Act, by issuing stated in Schedule C hereunder to t this notice. Further, it is brought to your as mentioned in Schedule C together wit respect to the proceedings undertaken by tl \g its dues. fail to repay to the secured creditor the aforesaid sum of Rs. Seventy three lakhs Ninety six thousand four hundred sixty ith further interest and incidental expenses and costs aS stated above in terms of this notice under Section 13(2) of the Act, the secured creditor will exercise all or any of the rights detailed under sub-section (4)(a) and (b) of Section 413, the extract of which is given here below to convey the seriousness of this issue: Please take note of the fact that if you 1s Nine Cores Rs. 9,73,96,468.19 (Rupee: eight and paise nineteen Only) together wihe Be 1 re a i ea ee fails to discharge liability in full within the period specified in subs : MOF may take recour eee Nbiecmed dl tach, Se to one or more of the following measures to Take poss (a) haa epace of the secured assets of the Borrower/Guarantor including the right to 'V way of lease, assignment or sale for realizing the secured asset, Take over {o) : e = his ‘management of the business of the Borrower including the right to transfer 'yway oF Tease, assignment or sale for realing the secured asset arp that the right to transfer by way of lease, assignment ar sale shall be exercised ied the substantial part of the business of the Borrower is held as security forthe jebt; fees further that where the management of whole of the business or part of the paces: severable, the secured creditor shall take over the management of such usiness of the borrower whichis relatable to the security fr the debt; and under other applicable Provisions of the said Act. Your attention is iavited to provisions of sub-section (8) of Section 13 of the Act, in respect of time available, to redeem the secured assets You are also put on notice that in terms of section 13{13} the Borrower/Guarantor shall not transfer by way of sale, lease or otherwise the said secured assets detailed in Schedule 8 hereunder without obtaining written consent of the secured creditor. It is further brought to your notice that any contravention of this statutory injunction/ restraint, as provided under the said Act, 1s an offence and if for any reason, the secured assets are sold or leased out in the ordinary course of business, the sale proceeds or income realized shall be deposited with the secured creditor, In this regard you shall have to render proper accounts of such realization / income. This notice of Demand is without prejudice to and shall not be construed as waiver of any other rights or remedies which the secured creditor may have including further demands for the sums found due and payable by you. This is without prejudice to any other rights available to the secured creditor under the Act and/or any other law in force. Please comply with the demand under this notice and avoid all unpleasantness. In case of Non compliance, further needful action will be resorted to, holding you liable for all costs and consequence. Thanking you y we Serr da Toh SAMARA BANK 1 Phas yoes) A WAY | Chie! Manager ATs 874 43:2, (uve Foren) VAGAMANGALA. 1n¢ Ns ‘AUTHORIZED OFFICER”SCHEDULE-A Details of the credit facilty/les availed by the Borrower} > nL oan No Nature of Loan/Limit Date of Amount sino | —qgas760000090 _|__— Rs. 7,00, (Rupees Seven Crores only) Rs, 1,80,00,000(Rupees One ) crore eighty lakhs Onl ~~ MSMETermtoan a | (0529768000134 MSME Term Loan 30.12.2017 3 = Fm S~S*~«éORDON - - of Rs. 9,29,55,0 l | Nine Crores Twenty nine lakhs fy five thousand Only SCHEDULE -B (Details of security assets’) able ‘Allthatis part and parcel of the commercial Building with Hotel Restaurant and lodging bearing Plot No 1 & 1A to the extent of East to West 90 Feet And North to south 120 feet, total measuring 10800 sqft |_‘1.Mr Ameerul Shabaz situated at Nelson Mandela road ,Bannimantapa A’ Layout ,Mysuru | Kernataka State and bounded on: 2.Mr.Afshan Taranum | | | East: Site No.2 | 0 NameofTitle holder ‘Mis Star Grandeur partners ; | | West: Cross road | | | North: Main road | ___ South: Site no.8 | fa + NG iVSCHEDULE -C [Details of lability as on 30.01.2023] __ lablty as on 30.01.2023) _____—_ “yp oANNO NATUREOF | UABILITY WITH 301.2022 | 0 LOAN/UiMiT WS 2% penal interest) Mi | 7599768000163 | ISME TERM LOAN. Rs. 7,38 65,826.99 13.40% (Rupees Seven crores thirty eighty lakhs sivty five thousand and eight hundred oe | —_—__—+ | twenty sixand paise ninety nine Only) |. a —+7575747000008._' MSMETERM LOAN | Rs, 1,89,61,150.75 (Rupees One Core Eighty [i265 / | nine lakhs sity one thousand one hundred fifty and. seventy five _paise Only) ' | 0529747000001 | FITL Ps | Rs.45,69,490.45(Rupees: Fourty five lakhs | 10.50 | sixty nive thousand four hundred ninty and L b pasie fourty five only) a wa dent das For CANARA BANK an qa rater /Chief M Hrrinen-£72. 432, (Ra fore) TRAUTHORLZED ObrCaRSr OrTo tte: 23" March 2023 The Authorised Officer a The Chief Manager ‘% : Canara Bank Nagamangala Branch NAGAMANGALA ~ 571439 Dear Sir, Re: Yc ji ‘our Demand Notice No-132/SARFAESV/RECOVERY/2023 issued u/s 13(2) of SARFAESI Act 2002 —a Act 2002 With reference to Your above said Demand Notice, we hereby would like to submit following few lines for your kind consideration and needful favourable decision, The details of our borrowing Accounts as per your Demand Notice are as hereunder. Serial Account] Sanctioned | Sanctioned O/B as on Number Number teareelatg Date Amount eet 30.11.2022 | MSMETerm | a | 529768000090 Loan 21032016 | 70,000,000.00 11.40% | 73,865,82699 | MSME Term | | 2 529768000134 Loan 30.12.2017 | 18,000,000.00 10.65% | _18,961,150.75 | 3 529747000001 | Term Loan (FT) | 30.03.2019 4,955,000.00 | 1050% | 4,569,490.45, | Sub -Total | 92,955,000.00 | 97,396,468.19 | The outstanding balance mentioned as on 30.11.2022 (as per your Demand Notice) is wrong, the actual / correct Outstanding balance as on 30.11.2022 ( as per the Bank's Statement of Accounts ) is as hereunder: 0/8 as on 0/8 as on a Account Number Nature of Me | 30.11.2022 (Coect | 30.11.2022 (Wrong Balance) Balance), 1 529768000090 MSME Term Loan 73,916,865.99 7386582699 2 529768000134 MSME Term Loan 18,899,646.75 18961,15075 | 3 529747000001 Tem Loan (FT) 4616 30445 4569,49045 a AQAAThe fist loan was granted in the year 2016 for purchase of partially constructed ruilding, the second loan granted in the year 2017 and the third one granted during the year 2019, This continued extensions of credit facilities reflects about the track record of ours with the Bank, it clearly shows about our relationship with the Bank in general our sincerity, honesty and integrity inyparticular. We would like to bring it to your kind notice that, on 14% Oct 2022 your goodselves had restructured our said loan accounts. Rs 1,93,901.00 and Rs 49,739.00 (totally Rs2/43,64000) is being debited to our respective accounis towards the restructuring charges). We have not been provided with the sanctioned letter or copies of the restructured proposal. n spite of our accounts ar@ restructured, surprisingly, our accounts are classified as NPA without providing any breathing time to get settled We intend to bring to your kind notice that, Bank has ignored to safeguard / protect the interest of our SME Unit (Service Sector). It is clearly evident on the records that the concerned authorities at the Branch / Bank had neglected to initiate adequate / proper corrective measures for the proper restructure rehabilitation of our sick SME Unit, instead chosen to harass / defame us / SME unit and assassinate our character, respect and reputation in society. Though, in the beginning, while considering our proposal, the Branch had assured / committed to extend working capital facility which in fact was very much necessary. Unfortunately, since the date of inception to till date No working capital facility is extended /provided, It is very hard for us to understand how a prudent banker can expect an SME unit (Hotel Industry) to stabilize and perform well to keep the accounts in standard status in the absence of any kind of financial assistance for working capital from the Bank side,yence attitude ere, the very clear and truthful fact i that, the negli e main root cause fot None of the measures, followed, whic re that ry t0 state he! ructive steps WE 2 concerned officials of the Bank is th condition / status of our MSME Unit. h was guidelines ‘of RBI (Reserve Bank of India) circulars was ever —_ to be or must have been followed. We are very sort rt from branding the account as NPA no other positive / const apa taken by the concerned authorities at Branch / Bank. our all the three accounts which in the statement of Accounts low submit the summarised details of e available transactions details We here bel we arrived based on th as on 18 Jan 2023: Grand Total of aw ne mrd Ac ‘Num | Number Number All the Thr?® ‘9528768000090 | 0529768000134 osgsrar000e Accounts | ee MSME Term SME Term Term Loan Loan (fm) All Term Loans Loan 4,955,000.00 92,955,000.00 ‘Actual Amount Disbursed ‘a | 70,000,007.00 | 18,000,000.00 Less; Total Amount Repaid til now a | 56,098,575.84| 9,648,096.25 2,560,217.85 | 68,306,889.94 ‘Actual Principal Outstanding Figures arrived as on 8,351,903.75 2,394,782.15 24,648,110.06 (ae) | 13,902,424.16 Tath Jan 2023 | 18th Jan 2023 18th Jan 2023 | 18th Jan 2023 ge amount totalling to Rs 6,83,06,889.94 (Six crores eighty three dred eighty nine and paise ninety four only) is repaid gt" Jan 2023, it means an substantially huge An impressively hu lakhs six thousand eight hun as per the records available as on 1 amount to the extent of 73.48% (per cent) - eal _tedlhen- of the actually disbursed amount is 3) Wysuru~570 010M/s STAR GRANDEUR The actual _principal_outstandin amount _is only Rs_2,46,48.119.06, the Outstanding dues towards principal amount is only to the extent of 26.52% of the actually disbursed amount. Th Hotel Industry, the requirement of amount tei working capital is almost equivalent to the amount invested on the fixed ast still, at no point of time the Bank had never made any kind of attempt to understand the fate of the Hotel Business without any kind of working capital facility. For no reason we become Gefaulters under compulsion, the pressing situations and circumstances had Compelled and compressed us to sacrifice all our personal working capital reserves towards the repayment of Term Loans dues. When we have Tepaid an amount of Rs 6,83,06,889.94 (Six crores eighty three lakhs six thousand eight hundred eighty nine and paise ninety four only) which was equivalent to 73.48% of the total amount of disbursement, Bank should have taken some kind of sympathetic, positive / productive initiative to protect the industry rather than Causing destruction of the MSME Unit as well as the Hotel (ervice) Industry, ‘The Government of India, under the great leadership of our Hon'ble Prime Minister Shri, Narendra Modi saab is emphasising more on the MSME Secter, but in our case Bank has never made any attempt to follow the procedures, Horms and guidelines, when it was in the stage of SME-1 and/or SME-2, further Bank has not followed the RBI norms about Corrective Action Plan (CAP), The implications of unwarranted Fecovery or legal process causing huge / severe damages to our honest, sincere and Vigorous effort to source / secure funds to un the Hotel Business and simultaneously repay / clear the dues to the Bank at the earliest. Nae dowttiowl ad, Bannimantapa A Lay Out, Mandi Mohalla, Mysuru 570010A/S STAR GRANDEUR. We are not wilful borrowed funds, Vie have neither misused nor diverted any of Ou! financial loss which we suffered ™ ore time to recover from the huge business / regalting Our business, We jy, ams to the effect COVID-19. We are confident of In view of all these we = Need ycur help and support in these needy hou'> Fequest you to reconsider your decision to recall the advances. I also reque: . ‘quest you to permit me to submit my detailed revival proposal. We sincerely wish anc i - 1d hope your kind authorities will listen to our submissions and consider all our Tequests with some positive thought and note. I request you *° lease do the nee ; p dul at your earliest and save us from this critical situation crisis. Kindly consider our request on merits in the interest MSME industry. Please acknowledge the receipt, Thanking you sir, Yours Obediently, For M/s STAR GRANDEUR Partner AMEERUL SHABAZ Copies forwarded to respected: The Regional Manager, Canara Bank, Mandya Regional Office, M C Roac, Mandya -571 401 The Chief General Manager, Canara Bank, Bengaluru Circle Office, M G Road, Bengaluru -560 001 Taos Mandela fond Bamarepe fay Cui Handi Mohali Mutu ~ 570010 ;Aw exohe. C CR JAYARAMU. cous Liat ocaee, eebors? ™! lee Nagarangale, sated se TA woumd, mnt ona, 24, Date: 10.02.2023 LEGAL NOTICE Borrower. MIS/ STAR GRANDEUR, Business: Property No. | & 1A, Nelson Mandela Road, Bannimantapa ‘A’ Layout, Mandi Mohalla Mysore-570 010. PARTNERS: 1, Sri Ameerul Shabaz S/o lat Residence: Haneef’ ‘Masjid, Haneef Mohalla, Mandya Road, Nagamangala taluk STOR" Mandya District. fe. NR Mohammad Ghouse, 2, Smt. Afshan Tarannum W/o ‘Ameerul Shabaz, Residence: Haneef ‘Masjid, Haneef Mohalla, Mandya Road, Negumangala luk SHG Mandya District. Under the instructions of my client The Branch Manager, Canara Bank, Nagamangala Branch, Nagamangala, issue this notice to you as hereunder :- You No. | & 2, being the PARTNER borrowers, ‘Ameerul Shabaz S/o mmad Ghouse and Afshan Tarannum W/o Ameerul Shabaz late. N.R. Mohal had availed credit facilities from my client bank as stated below.it said By offering the below said property 28 due security towards the Joans borrowed. i ‘al building with Hotel All that is part and parcel of the Commercial bu ; Reataurant and Ledging bearing Plot No. 1 & 1A to the extent of East-West 0 feet and North-South 120 feet, total measuring 10800 square feet sitated ‘a’ Layout, Mysuru, Kamataks. Nelson Mandela Road, Bannimantapa bounded on the : - East by - Site No. 2, ‘West by - Cross Road, North by - Main Road, South by - Site No 8. But after availing the above said loans, you No. | & 2 have failed to discharge the said loan as agreed in-spite of repeated demands and requests snd personal visits you have not maintain your loan account in regular, Hence ) ou have lable to pay penal interest atthe rate of 2% per annum also and hence, the above said loan accounts becomes over due and considered as N.P.A, Furt!or you have agreed to pay such rate of interest as and when revised by RBI. Herve now you are liable to pay interest.YYou ate isle to pay the oan amounts due in respect of the above said tre Jen scouts son 28-01-2023, is hereunder. of Liability with interest | Rate of | ee tot as on 28-01-2023 interest (+! * ° 12% penal | | interest) _, 1 |0529768000090 | MSME Rs. 7,38,65,826.99/- | 13.40% Term Loan | Y tosz976e000134 |MSME | Rs. 1,89,61,150.75/- | 12.65% Term Loan |. 10.50% 001 | FITL Rs. 45,69,490.45/- ee | Total Rs. 9,73,96,468.19/- (Rupees Nine crore | | Sevety three lakhs Ninety six thousand Four hundred sixty eight and nineteen | 1 paise only) Wherefore, you are hereby called upon to repay the above said loan amount dues within 15 days from the date of service of this notice, failing which, my client will constraint to take legal action against you in the competent court of law for the recovery of the above said loan dues and also take necessary action on the property offered as security to the loan and also against you personally. You are also liable to pay this notice charge of Rs.5,000/- to my client. Thanking you, . (CR. IAVARAMU), Advocate, C.R.JAYARAMU ADVOCATE Nagamangala -571 432 Manctya District, Kamataka St:rc Anvexalg. P |v M/s STAR GRANDEUR Date: 14" April 2023 To The Authorised Officer & The Chief Manager a“ Canara Bank Nagamangala Branch, NAGAMANGALA ~ 571 432 ne vee dated 10.04.2023 - your admission of fact about erroneously rmitting the Advocate CR Jayaramu, T B Extension, Nagamangala to serve us the Reply Notice against our submission letter whi in reply to your Demand Notice issue \f SARFAESI Act 2002 Sub: Request to withdraw / cancel your Demand Notice No.132/SARFAESI/ RECOVERY /2023 dated 30.01.2023 issued u/s 13(2) of SARFAESI Act 2002 and RECOVERY/2023 dated 30.01.2023 is allow / permit us to update the dues and to get the account upgraded We request reference to the above, we are shocked and surprised to notice that, Your good selves being the “Authorised Oficer’of the Bank who hold the office of @ Quasi-ludicial Authority under the provisions of SARFAES! Act 2002 has ‘ignored rather neglected to maintain / Protect the sanctity of the provisions of SARFAESI Act 2002. This acts of yours is evident the fact about “Lack of Proper Application of Mind’ (as expected by/ under the SARFAES| Act 2002). You have taken unlawful liberty to authorise an (outsider) Advocate to get into the Confidential information and details of ours which has @used us enormous amount of adverse implication and imreparable amount of damages to our respect and ‘eputation in the society and it has also destroyed our sincere efforts to source / secure required funds to clear the dues to upgrade the account. 'tis unfortunate to mention here that, a great Bank lke Canara Bank is functioning Under the advise / guidance of some prudent advocates who are not even aware ale fort Homes. apo Sanrimanipa 8 Lay Ot, Mand Mohan s70010— M/s STAR GRANDEUR about the basic rules and regulations of the act and also the ole, responsibilities duties and limitations of an Authorised Officer of the Bank (Quasi-Judicial Authority) under the provisions of SARFAES| Act 2002 We are ofthe clear opinion that, your reply / letter dated 10.04.2023 which is after thought, because, itis subsequent to our reminder letter wherein we have raised issue about the role of an outside Advocate who has unlawfully acquired the position of the Authorised Officer of the Bank and taken the liberty to serve Reply Notice on us, its llegal / Arbitrary and aganst rules / regulation and provisions ofthe Bank as well as SARFAESI Act 2002. The advocate invohiement and his replay also viiated the santity ofthe SARFAESI Actin general Postion ofthe Authorised Officer in particular and hence your reply subsequent to your advocate reply need to be considered / treated as "No Reply’ from you /Bank (U/s 13(3A) of SARFAES! Ad. In continuation of al our above contentions, we hereby wish to submit our general ‘observations to your said vitited / defective eply letter dated 10.04.2023, > It appears you have failed ‘neglected to notice the whole content and context of our submission letter dated 23° March 2023, instead taken stand to declare it as false and baseless. Again it is shocking and painful to note, how a responsible authority of the Bank can call / declare our submission as False" and “Baseless” withot substantiating your statement with proper clarification / justification. > Its surprising how you can blame us alone for working capital In fac, we had demanded for the working capital facility, initially it was agreed by the bank / branch authorities, they kept on delaying the mater, and then at last denied it. As we were at the receiving end we were compelled to keep quite just to maintain our past cordial relationship with the Bank. ee Fanimantapa Alay Out Mandi Mahala, Mysu areM/s STAR GRANDEUR Under these above mentioned circumstances, was it not ao the responslty of the branch or proposal processing or assessing officers / authorities?, Till date none af the authorities ofthe Bank has ever rased any question about the source of working capital. As the Bank filed to assess the actual requirement of funds, itis the gross negligence on the part of concemed officials which has resulted in to inadequate finance to the project causing the account to slip into NPA Category technically We want assure you that, we are not the wiful dfaulters, we never misused any of the bank funds In fact, you have squeezed us by fing abnormal margin amount (Promoter Contribution), We are sincere and honest in our dealings with the bank. We trusted the bank tothe coe, bu, for our unfortunate, na proper MSME norms were maintained by Bank while considering our proposal. Now we are realising truth behind Bank interest, the very purpose of your lending to our Hotel Industry was not to encourage MSME (Service Sector), t was just and only to reach / achieve your branch / personal credit targets We are sorry to state, you are ill treating us, you are disrespecting us in the public. This kind of approach of yours will never yield any postive result instead, it has sabotaged our efforts and handicapped usin sourcing / procuring adequate funds to meet the urgent need to update the dues and upgrade the account. We intend and wish to regularse our account at the earliest. We are expecting ‘some good amount of funds from some well-wishers, they may / will become our investors (upon obtaining your pemision inthis regard) In light ofall the above, and looking at our past record with the Bank, we hereby most respectuly request your good selves to withdraw / cancel you said Demand Notice and allow us a maximum period of next 2/3 months to clear the dues and ofr es Out, Mandi Mom, ys upgrade the account at once,M/s STAR GRANDEUR we fail to upgrade the account by next We also undertake in case for any reason i ion to dispose of this property 2/5 months, we wil voluntarily seek yOur permissl nt scheme. We request jou der compromise settlemer ys and clear the whole dues un in turn will be a0 to not to initiate any kind of leg which i al procedures at tour cost, unwanted / un waranted financial burden on US its of We most respectfully request yOu to consider oUF request on facts and me the case, Please acknowledge the receipt Thanking yous, Yours Obedient, For Mis STAR GRANDEUR Partner ‘AMEERUL SHABAZ Copies forwarded to respected: ‘The Regional Manager, Canara Bank, Mandya Regional Office, M C Road, Mandya -571 401 The Chit General Manager, Canara Bank, Bengaluru Circle Office, M G Road, Bengaluru -560 001 The Managing Director & CEO, Canara Bank, Head Office, JC Road, Benaglore = 560 001 we 7 asraran iad emma iv ns Tkon Mandela Road, Banimantap ay Out, Mand Mohalla Mysurv~570010Anio4oe ~ E Canara Bank pats andya Dist 571432 BMRoad, Nagamangal®, Branch: Nagamangal® possession Notice (For immovable property) pert pes RECNER oo The undes boeing. the ised Officer of the Canara Bark under Securitization everson of Fnac pssts and force f Security Interest ACs 002 (Act 54 of 2002) an in exercise of POETS onfered under Seton 1 2) tad wit Rule ofthe Security Interest (Ganforoemen!) Rules 2002, issued « Demand Notice dat 01,2023 calling upon the ‘borrower Mis STAR! UR Prine 1. ‘ri Ameerul Shabza S/o N RMohal med Ghouse Nagamangala. 2S Afghan Tarane™ ‘Wio Amesrtl shabaa Nagel the amount ‘mentioned fa the notice, being RS 973 9646819 (Rupees ae crores Seventy i in of our nde st and nineteen paise Only) within 60 days from the date of receipt ofthe suid nti, 4 sete sine te ore in gan, font a oust ae cp feren below it ‘eae section 13 () ofthe sid A it Sf sid Rule on this 15th day of AP ne 203. ) of the sid Ach with Rule 8 & 9 ‘The borrower in prt a and ary oma in gee re rey cations Tt deal withthe property foam an amount ofS. = Ne Ofte Cae Bek (DE ‘hundred sixty eight and ean past O i eb three lacs ninety six Description ofthe Inmovable Property ‘SINO. | Alithat part immovable a wat the commercial Bulding with Hotel [Name of Tile holder caeanntesene 18:14 tothe extent of East to MisStar Grandeur partners: | at Nelson Mandela road feet, total measuring 10800 qt |. | Karnataka State and bounded ed aeieraen Layout Mysuru Mr Ameerul Shabaz Fast: Site No.2 2.Mr.Afshan Taranum | | west: Crossroad | North: Maln road | South: ite no.8 | | | \ DATE: 154.2023 PLACE:Nagamangala For CANARA BANK rorGn 7 aA By am es so rised Ofer IChiet Manag “arnirerr- Frere 72 492, (wegen-BY RPAD- BEF: RONDVIRECI2022-23 : ‘DATE: 08/06/2023 Dear Sir, ES|ACT 2002, READ B: NOTICE ISSUED IN TERMS OF SEC. 13 (4) OF THE SARFAI vi RULE 8 (6) & (9) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002. As you are aware, | on behalf ‘of CANARA BANK, NAGAMANGALA BRANCH, 571432 hee possession of the assets described in schedule of Sale Notice annexed hereto in ‘em Sah 43(4) of the subject Act in connection with ‘outstanding dues payable by you to our BANK, NAGAMANGALA BRANCH of our Bank, The undersigned proposes to sell the asets (through e-auction) more fully described in the schedule of Sale Notice. Hence, in terms of the provisions of the subject Act and Rules made there under, | am herewith sending the Sale Notice containing terms and conditions of the sale. You are hereby given a last and final opportunity to discharge the liability in full as s:ated in the Sale Notice enclosed within 30 days from the date of tis noice, and reclaim the assets which has been possessed by the bank, failing which the assets will be sold as per the terms and conditions set out in the Sale Notice, This is without prejudice to any other ‘rights available to the Bank under the subject Act/or any other law in force. Yours faithfully, Be daw For CANARA Bc Mm eT sau Chief Manager soriren-§71 432, (sega fen) POPPER: Ot) Enclosure: - Sale Notice CANARA BANK NAGAMANGALA BRANCH B M Road Nagamangala,Mandya District -571432 Phone ‘fumbers 080-286032, 09483513529 - e-mail - cb0529@canarabank.comTo; BORROWER: M/s STAR GRANDEUR, PROPERTY NO: 1 & 1A, NELSON MANDELA ROAD, BANNIMANTAPA LAYOUT, ‘MAND! MOHALLA, ‘MYSORE - 570010 BORROWER : SRI, ANEERUL SHABAZ SJo MOHAMMED GHOUSE N R, HANEEF HOHALA, MANDYA ROAD, NAGAMANGALA, WANDYA 571432 BORROWER: SHT. AFSHAN TARANUN, Wo AMEERUL SHABAZ, HANEEF MOHALA, MANDYA 2040, NAGAMANGALA, NANDYA -571432 CANARA BANK NAGAINGHLA BRANCH 8 "numbers 080-786032,o34a35, UN Roa Nagaman EIST — emai ala, Mandya District -57 “25ecnba 1432 Phone k.com 00529,a CANARA BANK rT OF INDIA UNDERTAKING) (A GOVERNMEN SALE NOTICE of immovable Assets under the securitization nt of Security Interest Act, 2002. ss and Enforceme! Interest (Enforcement) Rules, and tice for Sale Financial Asset to Rule 8 (6) o E-Auction Sale N Reconstruction of read with provision ¥ the Security in particular to the Borrower (6) and 1d Icharged to the Secured lic in general and i \UTHORISED OFFICER OF to the pul Guarantor (that the below described immovable property mortgage Creditor, the possession of which hasbeen taken by THE A f the CANARA BANK, NAGAMANGALA BRANCH, NAGAMANGALA BRANCH, HRANDYA DISTRICT of will be sold on “As is where is”, “ASS what is", and “ Whatever there is” on 41/07/2023, for Lakhs Twenty Six ron ps. 10,22,26,059.74 (Rupees Te? Crore Twenty TWO one be Nine and Seventy Four Patsa Only) together with further interest, costs and a eae Saas BRANCH of CANARA BANK with further interest a applicable The rese Eighty a Ad will be Rs, 33, 39,85, 000.00 (Rupees Thirty Three Crore Thirty Nine Lakhs (hupees re ON at “ind the eamest money deposit will be Rs.3,34,00,000.00 i a er aT coat Las Only, The Earnest Honey Deposit shall be deposited Details and full description of the property: ALL THAT IS PART in Gee ae PARCEL OF THE COMMERCIAL BUILDING WITH HOTEL RESTAURAt T PLOT NO: 4 & 1A TO THE EXTENT: EAST TO WEST - 90 FEET & aa TO SOUTH - 12 ROAD, LRG cas Tee SQ.FEET, SITUATED AT NELSON MANDELA SITE NO. ’ ;, KARNATAKA - 570 2 2, WEST - CROSS ROAD, NORTH: MAIN ROAD & ea ee el Notice is hereby sven For detailed terms anc conditions of c pe ete ns of the sale, please refer to i i reper i mci ith SEA oF es weww.canarabank.com, or may contact rear -, , BANK, Ph. No.9483513529, 08234 286032, ee hours on any working day. mie i lace: NAGAMANGALA . wet ote Tne a K Date: 08.06.2023 Authorised Officer er ayia! Menage fora) NAGAMANGALA 571432 Mandya Oi CANARA BANK NAGAMANGALA BRANCH B.M Road Nas , rumbers 080-786032, 09483513529 - e-mail - Se District 571432 Phone can “COM HhA Tey ial rota Frome = BANK NAGAMANGALA BRANCH itor: CANARA Creditor: : dress of the Secured sits creas fhe over) ctor To: BORROWER: IW/s STAR GRANDEUR, PROPERTY NO: 1 & 1A, NELSON MANDELA ROAD, BANNIMANTAPA LAYOUT, MANDI HOHALLA, MYSORE - 570010 BORROWER : SRI, AMEERUL SHABAZ S/o MOHAMMED GHOUSE NR, HANEEF MOHALA, MANDYA ROAD, NAGAMANGALA, MANDYA = 571432 BORROWER: SMT. AFSHAN TARANUM, W/o AMEERUL SHABAZ, HANEEF MOHALA, MANDYA ROAD, NAGAMANGALA, MANDYA - 574432, 3. Total liabilities: Rs, 10,22,26,059.74 (Rupees Ten Crore Twenty Two Lakhs ‘Twenty Six Thousand Fifty Nine and Seventy Four Paisa Only) together with further interest, costs and expenses as applicable, 4, (a) Mode of Auction +E- auction, (b) Details of Auction service provider ; M/s, CANBANK Computer Services Ltd, No. 218, J P Royale, 1* Floor, sampige Road, 24 Main, Malleswaram, Bengaluru - 560 003. e-mail eauction@ccsl,co.in/ccsleauction@gmail.com Contact Person & Number ‘Mr. Pratap Kanjilal & DD Pakhare - 98329 52602, 99112 93517, 88984 18010, (c) Date & Time of Auction : 12/07/2023- 11.30 AN to 12,30 PM, (d) Place of Auction + E-Aurtion, CCANARA BANK NAGAMANGALA BRANCH B M Road Nagamangala,Mandya District -571432 Phone Numbers 080-286032, 09483513529 - e-mail - cb0529@canarabank.com,hirty Nine acing” through the jc Bidding : sil g0 thous 3 ’ auction sale procee icer, OF nth Authorised Officer, inspected, can be inspect Ee oa than the Reserve price and the sce which is more rt i the price whic! 1 €) The property will be se offer further duns participating bidders may" oe ‘ be deposite oANCH through Reserve Price is to 4) END amount of 10% of the NA Mie favouring tore ofc, ee van the: accout rune i sa ca cals BNC RTGSINEFT CODE CN or before 14/07/2023 - 5.00 p.m certificate and e-mail address. e) Intending bidders shall hold a valid aigital signature tact the service provider M/s. For details with regard to digital signature please con I et tap kangal é CANBANK Computer Services (Contact Person & Number: ie Seana D D Pakhare - 98329 52602, 99112 93 eauction@ccsl.co.in/ccsleauction@gmail.com. intendit i f the £) After payment of the EMD amount, the intending bidders should submit a copy 0 el oie datals ‘on or before 11/07/2023-5.00 PM, to CANARA BANK, NAGAMANGALA BRANCH by hand or by email. i) Demand Draft/Pay order towards EMD amount. If paid through RTGS/NEFT,, acknowledgement receipt thereof with UTR No. fi) Photocopies of PAN Card, ID Proof and Address proof. However, successful bidder would have to produce these documents in original to the Bank at the time of making payment of balance amount of 25% of Bid amount. iii) Bidders Name. Contact No. Address, E Mail Id. iv) Bidder’s A/c details for online refund of EMD. 8) The intending bidders should register their names at portal www.karnataka@auctiontiger.net and get their User ID and password free of Cost. Prospective bidder may avail online training on E- auction from the service Provider or e-mail www.! karnataka@auctiontiger.net ).h) EMD deposited by the unsuccessful bidder shall be refunded to them, The EMD shall not carry any interest. i) Auction would commence at Reserve Price, as mentioned above. Bidders shall improve their offers in multiplies of Rs. 1, 100,000/- The bidder who submits the highest bid (above CANARA BANK NAGAMANGALA BRANCH B M Road Nai i N igamangala, Mandya District -571432 Phi numbers 080-286032, 09483513529 - e-mail - cb0529@canarabank,com ae: ful bid the r i 4 Ontne' auction shall be declared as successful bidder, Sale Rial be caine ane of the successful bidder, subject to confirmation of the same by the secured creditor, ice (inclusi J) The eee bidder shall deposit 25% of the sale price tp ae atatce ney Paid), immediately on declaring him/her as the successful bidder an if the ne 15 days from the date of confirmation of sale by the secured creditor. Sf rfeit ed Bidder fll to pay the sale price, the depsit made by him shall be fo fp eats Authorised Officer without any notice and property shall forthwith be put up for saie again, i K) For sale proceed ' es Fifty) lakhs and above, the successful bidder will have to decuct TDS at the at an the ‘le proneeds 2a sue Ue cue al econ Of TDS certificate to the Bank, i 0) All charges for.conveyance, stamp duty/GST registration charges etc., as applicable shall be borne by the successful bidder only. ™m) Authorised Officer eserves the right to postpone/cancel or vary the terms and Conditions of the e-auction without assigning any reason thereof. , 4 N) In case there are bidders who do not have access to the internet but interested in Participating the €-auction, they can approach concerned Circle office or Canara Bank ARM branch Il who, as a facilitating centre, shall make necessary arrangements. ©) For further details Contact B M RAMAM, Chief Manager, Canara Bank , Nagamangala Branch Ph.No-9483513529 -08734 286032) e-mail id - cb0529@canarabank.com OR the service provider, M/s E Procurement Technologies Pvt Ltd (Contact Person & Number:-Mr.Manohar V (0735393 1866)e mail www.karnataka@auctiontiger.net ea Se a SPECIAL INSTRUCTION / CAUTION RRA NSTRUCTION / CAUTION Bidding in the last minutes/seconds should be avoided by the bidders in their own interest. Neither Canara Bank nor the Service Provider will be responsible for any lapses/failure (Internet failure, Power failure, etc.) on the part of the bidder or vendor in such cases, In order to ward off such contingent situation, bidders are requested to make all the necessary arrangements/alternatives such‘as back -up, Power supply and whatever else required so that they are able to circumvent such situation and are able to Participate in the auction successfully. Bo oer aes For cay Place: NAGAMANGALA. ci wy RA BANK Date: 08/06/2023 Authorised Officer BAR KChiet Managor ace: £22. (en fore) NAGAMANGALA.571432 (Mandya Distt CANARA BANK NAGAMANGALA BRANCH 8 M Road Nagamangala,Mandya District -571432 Phone numbers 080-286032, 09483513529 - e-mail - cb0529@canarabank.com{ Auilexshs - G m/s STAR GRANDEUR TT 4 Date: 12% June 2023 fe authorised Officer & The Chief Manager ona’ Bank Nagamangala Branch, NAGAMANGALA ~ 571432 Respected Sir, Ref: Your Sale Not .06,2023 - Improper (Undervalue) Reserve Price Sub: Request for Proper Valuation Report to arrive Correct Fair Reserve. Price With reference to the above, we hereby request you to kindly review your decision about fixing the proper and fair Reserve Price of my Hotel Property. Though, the SARFAES! Act warrants to have discussion with the borrower while arriving and finalising the Reserve Pic, we have nat been informed or consulted while arriving at the Reserve Price. We have not even provided with the latest Valuation Reports (Reports from two Valuators) As per the Bank’s Valuation Report dated 05.08.2020 by H Vishwa Darshan, the Value arrived was Rs33,09,06,000.00 (Thity Three Crores Nine Lakhs Six Thousand Only) Even after thee years from the date of previous Valuation Report you have retained / maintained almost same figure We feel it is pertinent to mention here that, we too are keen in settling the dues with your Bank. We have also taken voluntary initiative and measures to place the property for sale just to clear the whole dues with the sole intention to maintain our past good banking relationship with the Bank. in this regard we got the latest Valuation Report by M/s SYMAHB Valuation Consultants Pvt Ltd having its Registered Office at Bengalore ~ 560 072. As per their report, the present / latest te Nyse = 520010 Pedbit market value arrived is s50,70,01,051.67 (Fifty Crores Seventy Lakh enty Lakhs One nousend Fifty One and Paise Sixty Seven Only). Report Copy Enclosed equest vi je we reques| you to review your decision and fix the Fair and Proper Market Value serve Price), ot herwise it wi wntly an accom 0 (Re ), otherwise it will be appare! tly an accomn vodation by you * the toidder or buyer. you might have neglected (Case No: We also want to bring it to your kind notice that, probably of ignored the pending case before Hon'ble DRT II Bengalore SA/137/2023 dated 26.05.2023) wherein you have yet to file your objection, the case |S Scheduled for 48.07.2023 for “OBJECTION HEARING MATTER" In light of all the above, we most respectfully request you to kindly review the Reserve Price and Seng the Proper reconsider your decison in arng 8 Please acknowledge the receipt. Thanking you sir Yours Obediently. For M/s STAR GRANDEUR Partner /AMEERUL SHABAZ Copies forwarded t0. respected: The Regional Manager Canara Bank, Mandya Regional office, M C Road. Mandya -571 407 ‘the Chief General Manager canara Bank, Bengali Circle office, MS Road, Bengaluru 560 007 a Bank, Head Office, mt wt yp? wd we wu won The Managing Director CEO, Canare 2, 1 € Road. Bengaluu- 560 002Avex i" - " ae a om tw Nene ra Bank NAGAMANGALA BRANCH NGMISGRI853/2023 Dated 17.6.2023 To WOTEL AST usd Gender STR fae eal Shabaz S/O Md Ghouse Partner:Smt Taranum W, Noa bandiy toe tum W/o Ameerul Shabaz Bannimantapa A lay Out, ‘Mandi Mohalla, MYSURU-570010, - ep Sub: Auction Sale notice dated 8.6.2023 Ref: Branch Reply to your letter dated 12.6.2023 This has a reference to your letter dated 12.06.2025 on request for proper Valuation report to attive correct fair Reserve Price. We have got property valued as per the Bank guidelines and fixed the Reserve Price Further we request you to mobilize bidder as per your valuation and Jet them participate in the open auction. In view of the above your request is rejected/lodged at our end. This is for your information, For CARA Bank, Memo) eH sritaG|Chiet Manager Strten-571 492, (em er) AAGAMARGALE 71422 nya Dat CHIEF MANAGER NAGAMANGALA BRANCH + {