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2025 DAILYLAW 18259 (KAR)

SMT SHARAMADAMMA v. INDIAN OVERSEAS BANK

WP/6019/2025 · 2025-03-10

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10076 WP No. 6019 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6019 OF 2025 (GM-RES) BETWEEN: SMT. SHARADAMMA W/O. SRI. RAMAPPA REDDY, AGED ABOUT 80 YEARS, R/O. HALANAYAKANAHALLI, CARMELARAM, BANGALORE SOUTH BANGALORE - 560035. …PETITIONER (BY SRI. MANOJ K., ADVOCATE) AND: 1. INDIAN OVERSEAS BANK KORAMANGALA BRANCH, NO.12, MPD TOWER, INDUSTRIAL MAIN ROAD, KORAMANGALA, 5TH BLOCK, BENGALURU-560095 REP. BY ITS AUTHORISED OFFICER 2. M/S. S AND G METAL BUILDING SOLUTIONS (INDIA) PVT. LTD., HAVING ITS OFFICE AT OLD NO.21, NEW NO.74/2A, K.R. GARDEN, 8TH BLOCK, (OPP) NDDB, KORAMANGALA, BANGALORE - 560095 REPRESENTED BY ITS MANAGING DIRECTORS, MR. SUDHAKAR R., MRS. GEETHA V REG. UNDER THE COMPANIES ACT, 1956 Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - NC: 2025:KHC:10076 WP No. 6019 of 2025 3. MR. SUDHAKAR RAMAIAH REDDY DIRECTOR, M/S. S AND G METAL BUILDING SOLUTIONS (INDIA) PVT. LTD., OFFICE AT OLD NO.21, NEW NO.74/2A, K.R. GARDEN, 8TH BLOCK, (OPP) NDDB, KORAMANGALA, BANGALORE - 560095 4. MRS. GEETHA V., NO. 696, GEETHASUDHA NILAYA, 2ND A MAIN ROAD, 8TH BLOCK, KORAMANGALA, BANGALORE - 560095 …RESPONDENTS (BY SRI. M K NAGENDRA KUMAR, ADV. C/R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE AUCTION SALE NOTICE DTD 12.02.2025 AT ANNX-C ISSUED UNDER THE SARFAESI ACT, 2002 R.W RULE 8 (6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002, AGAINST THE PROPERTY NO. 1 OF THE SCHEDULE PROPERTY, AS THE SAME IS NOT IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:10076 WP No. 6019 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question the process of auction. 2. The learned counsel for the respondent No.1 - Bank submits that the sale on the slated date did not take place qua property No.1, which forms the subject matter of the present petition. 3. In the light of the date of auction spending itself, the petition is rendered infructuous. Reserving liberty to the petitioner to approach the appropriate fora, in the event the sale would take place, yet again, the petition stands disposed. Sd/- ______________________ JUSTICE M.NAGAPRASANNA KG List No.: 1 Sl No.: 114