Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11798 WP No. 4239 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 4239 OF 2025 (GM-RES)
BETWEEN:
SRI NAGAPPA S/O. SHIVAPPA G.V.
AGED ABOUT 61 YEARS, R/O. GOPALAPURA VILLAGE, KANNEGALA POST, GUNDLUPET POST, CHAMARAJANAGAR-571111. …PETITIONER (BY SRI. NAGARAJA R C., ADVOCATE)
AND:
M/S CANARA BANK REGIONAL OFFICE, NO.1017, YAJAMANA ARCDE, PANCHAMANTRA ROAD, KUVEMPUNAGAR, MYSORE REPRESENTED BY ITS AUTHORISED OFFICER/DIVISION MANAGER. PIN-570001 …RESPONDENT (BY SRI. VINAY SWAMY C.,ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS;
QUASH THE IMPUGNED SALE NOTICE DTD. 18.01.2025 BEARING REF.NO. 6933/158/SALR NOTICE/01/FEB/2025 ISSUED BY THE RESPONDENT PRODUCED AT ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:11798 WP No. 4239 of 2025
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayer:
"b) Issue writ in the nature of Certiorari or any other writ or direction to quash the impugned sale Notice dated 18.01.2025 bearing Ref.No.6933/158/SALR NOTICE/01/FEB/2025 issued by the respondent, produced at ANNEXURE-A. c) Grant such other relief as deemed fit under the
facts and circumstances of the case in the interest of justice.”
2. This Court, on 18.02.2025 had passed the following
order:
“Learned counsel for the petitioner submits that the statement of accounts of the petitioner has been furnished at Annexure-B, which clearly shows that the petitioner has been paying the EMIs in respect of the housing loan regularly till 30.01.2025. No EMIs are payable or due in respect of the housing loan availed by the petitioner. However, the respondents have issued the impugned notice calling upon the petitioner to repay Rs.10,55,515/- as dues payable by the petitioner.
Learned counsel submits that his account has not been declared NPA, and no notice in that regard has been issued to the petitioner. On the other hand, the petitioner admits that he has availed Rs.1,00,000/- towards crop loan and for non payment of the dues towards the crop loan, action has
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NC: 2025:KHC:11798 WP No. 4239 of 2025
been initiated by the respondent bank including the housing loan.
Learned counsel submits that insofar as the crop loan is concerned, if reasonable time is granted to the petitioner he will repay the entire amount towards the crop loan. Accordingly 4 weeks time is granted to the petitioner to deposit Rs.1,00,000/- The respondents are directed not to precipitate the matter any further till the next date of hearing. Re-list this matter on 20.03.2025.”
3. The learned counsel for the petitioner submits that the interim order has been complied.
4. The learned counsel for the respondent submits that if Rs.1,20,000/- is paid in the crop loan, the loan accounts would get regularized.
5. The learned counsel for the petitioner submits he has two loans, one crop loan and one housing loan. In the housing loan, there is no due. It is only in the crop loan, there was due and therefore, both the accounts are tagged. Therefore, he seeks reasonable time to get the account regularized.
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NC: 2025:KHC:11798 WP No. 4239 of 2025
6. Therefore, the petitioner is granted four months time from today to get the account regularized by paying an amount of Rs.1,25,000/-. This would not however mean that the petitioner will stop paying equal monthly installments in the accounts that are with the bank.
7. Till 4 months, no precipitative action or coercive steps be taken against the property of the petitioner.
8. With the aforesaid observations, the petition stands
disposed.
Sd/- (M.NAGAPRASANNA) JUDGE
KG List No.: 1 Sl No.: 74