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2025 DAILYLAW 19051 (KAR)

ARCHANA ENTERPRISES v. UNION BANK OF INDIA

WP/7117/2025 · 2025-06-25

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22350 WP No. 7117 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7117 OF 2025 (GM-RES) BETWEEN: 1. ARCHANA ENTERPRISES NO.267/H3, HEBBALA INDUSTRIAL AREA OPPOSITE B E M L TOWNSHIP, MYSORE REPRESENTED BY ITS PROPRIETOR M.C PUTTARAJU, AGED ABOUT 50 YEARS LICENCE NO. HTG-TI-329371-2001-22. …PETITIONER (BY SRI. N R GIRISHA., ADVOCATE) AND: 1. UNION BANK OF INDIA SVP NAGAR BRANCH MYSORE-570 001 REPRESENTED BY ITS MANAGER …RESPONDENT (BY SMT. DIVYA PURANDAR., ADVOCATE FOR C/RESPONDENT) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH DEMAND NOTICE BEARING NO. OR/SARFAESIA/354/35312/2024-25 DATED 02-12-2024 AND THE IMPUGNED NOTICE BEARING NO.MYS:REC:373/2024-25 DATED 20-12-2024 UNDER SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 AND RULES AT ANNEXURE-A AND B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22350 WP No. 7117 of 2025 ORAL ORDER Learned counsel appearing for the respondent Bank has filed a memo. The memo is taken on record. It reads as follows:- "1. The Hon'ble Court was pleased to grant by way of Order dated 19.03.2025, an interim stay of all further proceedings pursuant to the demand notice dated 02.12.2024 subject to the condition that the Petitioner pays 20% of the amount in due within the next four weeks. It is submitted that the Petitioners has made payment of Rs.17,31,000/- (Rupees Seventeen Lakhs thirty one thousand only) on 15.04.2025. Consequent upon which the Petitioner's loan account has been upgraded and is in standard category. Therefore the Sarfaesi measures pursuant to the demand notice dated 02.12.2024 have been rendered infructuous as the loan account is no longer in the NPA category as on date. The same may be taken on record in the interests of justice and equity. Wherefore, nothing survives for consideration in the above petition, and it is prayed that the above writ petition may be disposed off as having become infructuous, in the interests of justice and equity. - 3 - HC-KAR NC: 2025:KHC:22350 WP No. 7117 of 2025 2. In light of the memo filed and submission made, the petition is disposed off as not calling for adjudication in light of the stand of the respondent Bank. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR