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2025 DAILYLAW 13640 (KAR)

SMT YASHODA M v. THE AUTHORIZED OFFICER

WP/1260/2025 · 2025-04-08

M Nagaprasanna

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15046 WP No. 1260 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1260 OF 2025 (GM-RES) BETWEEN: 1. SMT. YASHODA M., W/O SRI G.MANIGANDAN AGED ABOUT 48 YEARS NO.19, NANDI PRIDE VILLA 9TH MAIN T.C.PALYA MAIN ROAD HOYSALANAGAR RAMAMURHTY NAGAR BENGALURU – 560 016. 2. SRI G.MANIGANDAN S/O SRI GOPALPILLAI AGED ABOUT 45 YEARS NO.19, NANDI PRIDE VILLA 9TH MAIN, T.C.PALYA MAIN ROAD HOYSALANAGAR RAMAMURHTY NAGAR BENGALURU – 560 016. …PETITIONERS (BY SRI KARAN BORAIAH D.R., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER UCO BANK CANTONMENT BRANCH (0151) NO. 83, M.G.ROAD BENGALURU – 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:15046 WP No. 1260 of 2025 2. THE UCO BANK RAMAMURTHY NAGAR BRANCH NARAYANAPPA BUILDING DOORVANI NAGAR RAMAMURHTY NAGAR BENGALURU – 560 016 REPRESENTED BY BRANCH MANAGER. …RESPONDENTS (BY SRI K.R.PARASHURAM, ADVOCATE FOR C/R-1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE SARFAESI PROCEEDINGS INITIATED UNDER DEMAND NOTICE DATED 05-08-2024 ISSUED BY THE RESPONDENT NO.1 BEING CONTRARY TO THE PROVISIONS OF SECTION 13(2) OF THE SARFAESI ACT AT ANNEXURE – E ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The subject petition raises a challenge to a demand notice dated 05.08.2024 and an e-auction sale notice dated 13.02.2025, issued by the respondent - bank. 2. Learned counsel for respondent – Bank submits that the sale did not take place on the intended dated and the said sale notice has spent itself. - 3 - NC: 2025:KHC:15046 WP No. 1260 of 2025 3. In the light of the aforesaid circumstance, the petition does not survive for further consideration and therefore, stands disposed as having become infructuous. The respondents – bank shall take note of the amount deposited by the petitioner if any, if the subject property is put for sale in future. Ordered accordingly. I.A.Nos.1/2025 and 2/2025 are disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 93