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2025 DAILYLAW 13759 (KAR)

SRI. ANNAPPA. B. S. v. CANARA BANK

WP/861/2025 · 2025-01-20

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:2148 WP No. 861 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 861 OF 2025 (GM-RES) BETWEEN: SRI. ANNAPPA. B. S. S/O. B. J. SANNAPPA, AGED ABOUT 45 YEARS, R/AT OLD BUS STAND, B. M. ROAD, BYLAKUPPE, PERIYAPATNA TALUK, MYSORE DISTRICT-561 104. …PETITIONER (BY SRI. SURESH.P., ADVOCATE) AND: 1. CANARA BANK BYLAKUPPE BRANCH, BANGALORE MANGALORE ROAD, BYLAKUPPE, TALUK PERIYAPATNA, KARNATAKA-571 104, REPRESENTED BY ITS BRANCH MANAGER/AUTHORIZED SIGNATORY. 2. CANARA BANK REGIONAL OFFICE NO. 1017, YAJAMANA ARCADE, PANCHAMANTRA ROAD, KUVEMPUNAGAR, MYSORE-570 023, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2148 WP No. 861 of 2025 REPRESENTED BY ITS AUTHORIZED OFFICER/DIVISIONAL MANAGER, MR. SAMBASIVA RAO. S, …RESPONDENTS (BY SRI. SACHIN DEVAIAH M.M., ADVOCATE FOR SMT. SUNITA A.H., ADVCOATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE ISSUED BY THE RESPONDENT BANK TO THE PETITIONER DATED 05.12.2024 UNDER SEC.13(4) OF SARFAESI ACT, 2002 R/W RULE 8(6) OF THE SECURITY INTEREST 9 ENFORCEMENT) RULE 2002 BEARING NO.6933/132/SALE NOTICE/01/JAN/2025 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the respondent-Bank submits that the prayer made in the writ petition has become infructuous, since the sale did not take place in terms of the impugned Sale Notice dated 05.12.2024. Learned Counsel submits that a fresh Sale Notice will have to be issued by the respondent-Bank. Therefore, the writ petition may be disposed of. - 3 - NC: 2025:KHC:2148 WP No. 861 of 2025 2. The submission of the learned Counsel for the respondent-Bank is placed on record. 3. Accordingly, the writ petition stands disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL