Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:917 WP No. 307 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 307 OF 2025 (GM-RES) BETWEEN:
1.
MR. SRIDHAR BABU K.S, S/O SRINIVASA SHETTY K.S, AGED ABOUT 55 YEARS, PARTNER M/S. SAPTHAGIRI AGRO INDUSTRY, R/A SAPATHAGIRI NILAYA, 4TH CROSS, NEAR WATER TANK, VIDYANAGAR, TUMKUR - 572 101.
2.
MR. NAVEEN K.K, S/O K.S. KRISHNA MURTHY, AGED ABOUT 45 YEARS, PARTNER M/S. PADMAVATHI AGRO EXPORTS, NO. 448, PETE BEEEDI, CHIKKANAYAKANAHALLI, TUMKUR DISTRICT - 572 214. …PETITIONERS (BY SRI. V. MOHAN, ADVOCATE) AND:
CANARA BANK, ASSET RECOVERY MANAGEMENT BRANCH - ARM - I , 2ND FLOOR, M.G. ROAD, SPENCER TOWERS, BANGALORE - 560 001, REPRESENTED BY ITS AUTHORIZED OFFICER CHIEF MANAGER,
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:917 WP No. 307 of 2025
SRI. PRASANT PANDEY, (BANKING COMPANY REGISTERED UNDER COMPANIES ACT, 1949/LENDER) …RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESPONDENT BANKS AUCTION SALE NOTICE DATED 21.12.2024 (ANNX-A) SCHEDULING THE AUCTION SALE ON 10.01.2025 IN RESPECT OF THE SCHEDULE PROPERTIES, SINCE THERE IS DELIBERATE DISOBEDIENCE OF THIS HONBLE COURTS DIRECTION GIVEN IN WP 34429/2024 AS PER ANNX- B
ORDER DATED 19.12.2024 GROSS VIOLATION OF PROVISIONS OF THE ACT, VIOLATION OF FUNDAMENTAL RIGHTS AND VIOLATION OF GUIDELINES LAID DOWN BY THE HONBLE SUPREME COURT, RBI AND THE GOVERNMENT POLICIES REGARDING MSME INDUSTRIES AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER Sri.Vignesh Shetty, learned counsel has filed caveat petition on behalf of the respondent-Bank and is present before the Court.
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NC: 2025:KHC:917 WP No. 307 of 2025
2.
Learned counsel for the respondent-Bank submits that the petitioners have already filed writ petition No.27535/2024, which is pending consideration before this Court. This writ petition arises out of the same loan account for which a writ petition has already been filed before this Court and interim directions have been issued by the Court, but the petitioners have not complied with the directions.
3. Accepting the submission made by the learned counsel for the respondent, the writ petition stands dismissed while granting liberty to the petitioners to file an interlocutory application for any interim relief in the said writ petition No.27535/2024.
Sd/- (R DEVDAS) JUDGE
rv CT: BHK