Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14749 WP No. 2851 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2851 OF 2019 (GM-RES) BETWEEN:
M/S. KALASA ESTATE, A PARTNERSHIP FIRM, HAVING ITS PLACE OF BUSINESS AT KALASA ESTATE, MAVINAKERE VILLAGE, KALASA, MUDIGERE TALUK, CHIKAMAGALUR DISTRICT - 577 124,
REPRESENTED BY ITS PARTNER, SRI. S.O. SOCKALINGAM. …PETITIONER (BY SMT.AISHWARYA HEGDE, ADVOCATE FOR SRI.K.SATISH, ADVOCATE)
AND:
CANARA BANK, ARM BRANCH, CANARA BANK CIRCLE, OFFICE BUILDING, 1ST FLOOR, BALMATTA ROAD, MANGALURU - 575 001,
REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. SACHIN DEVAIAH M.M., ADVOCATE FOR SRI. H.S.RUKKOJI RAO., ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14749 WP No. 2851 of 2019
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 27.12.2018 ISSUED BY THE RESPONDENT U/S 13(4) OF THE SARFAESI ACT BY DATED 27.12.2018 (ANNEXURE-A) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs; a. Issue a Writ of Certiorari or any other appropriate writ or
order quashing the Impugned Notice dated 27.12.2018, bearing No.ARM/MNG/F144/614/2018-19 issued by the Respondent, under Section 13(4) of the SARFAESI Act by dated 27.12.2018 (Annexure-A) and; b. Issue a writ of prohibition or nay other appropriate writ or order, restraining and prohibiting the Respondent its agents, servants from proceeding in any manner against the Petitioner or from taking recourse to any proceedings under the SARFAESI Act against the Petitioner; c. Award the costs of this petition and ; Pass such further orders and further relief as this Hon'ble Court may deem fit in the interest of justice and equity.
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NC: 2025:KHC:14749 WP No. 2851 of 2019
2. The respondent - Bank itself has stated that all the amounts due by the petitioner to the respondent - Bank has been paid and there are no amounts due by the petitioner to the respondent - Bank.
3. In that view of the matter, nothing survives for
consideration in the present petition. Accordingly, I pass the following;
ORDER A certiorari is issued, the notice at Annexure-A dated 27.12.2018 issued by the respondent - Bank under Section 13(4) of the SARFAESI Act is quashed.
SD/- (SURAJ GOVINDARAJ) JUDGE
GH List No.: 1 Sl No.: 35