Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22128 WP No. 6673 of 2023
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. 6673 OF 2023 (GM-RES) BETWEEN:
1.
N. SOMASHEKHARA REDDY S/O NARAYANA REDDY, AGED ABOUT 60 YEARS NO. 9/331, LAVANYA NILYA, MUNIVENKATAPPA LAYOUT, ANEKAL - 562106. …PETITIONER (BY SRI. DILIP KUMAR L, ADVOCATE FOR SRI. SANGAMESH R B., ADVOCATE)
AND:
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THE CHIEF MANAGER THE AUTHORIZED OFFICER UNION BANK OF INDIA, NO.2/3, RAJA BUILDING, N.R.ROAD, BANGALORE - 560002. …RESPONDENT (BY SRI. P L VIJAY KUMAR., ADVOCATE FOR C/RESPONDENT)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OR/UBI/ARB/BNG/967/2022-23 IMPUGNED SALE NOTICE DTD 06/03/2023 UNDER SECURITIZATION ACT AS PRODUCED AT ANNEXURE-E AND RESTRAIN THE RESPONDENT BANK FROM PROCEEDING AGAINST THE PETITIONER HEREIN WITH THE PROVISIONS OF THE ACT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:22128 WP No. 6673 of 2023
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
Petitioner has called in question the impugned sale notice dated 06.03.2023 issued under the provisions of the SARFAESI Act.
2.
Learned counsel for respondent - Bank submits that in light of the interim order passed, the auction could not be proceeded with. Even otherwise, it is submitted that if the Bank intends to proceed, fresh auction notice will have to be issued. It is further submitted that One Time Settlement proposal has not fructified.
3. In light of the submission made by the respondent - Bank, petition is disposed off as not calling for adjudication while noticing that the substantive remedy for the petitioner even otherwise, is under Section 17 of the SARFAESI Act. Needless to state the Bank is at liberty to proceed afresh in terms of Section 13 of the SARFAESI Act.
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HC-KAR NC: 2025:KHC:22128 WP No. 6673 of 2023
4. Accordingly, petition is disposed off. All
contentions of the parties are kept open.
Sd/- (S SUNIL DUTT YADAV) JUDGE
VP