M/S NAPANDA ESTATES PRIVATE LIMITED v. CANARA BANK
WP/6893/2025 · 2025-03-18
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19957 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19957 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11156 WP No. 6893 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6893 OF 2025 (GM-RES) BETWEEN:
1.
M/S. NAPANDA ESTATES PRIVATE LIMITED, A PVT. LTD. COMPANY INCORPORATED UNDER COMPANIES ACT, 2013, NO.1823/1268/100/3, 8TH CROSS, SECTOR-A, AMRUTHA NAGAR, BANGALORE - 560 092, REPRESENTED BY ITS DIRECTOR SRI. MUTHAPPA N.M.
2.
SRI. MUTHAPPA N.M, S/O SRI. MUTHANNA N.S, AGED ABOUT 50 YEARS, R/AT NO. 11, SIDDALINGAPURA VILLAGE, KUSHALANAGARA TALUK, KODAGU DISTRICT - 571 234.
3.
SRI. MUDDAPPA N.M, S/O SRI. MUTHANNA N.S, AGED ABOUT 50 YEARS, R/AT NO. 35, 12TH CROSS 'C' ROAD, IDEAL HOMES, RAJARAJESHWARI NAGARA, BANGALORE - 560 098. …PETITIONERS (BY SRI. H.V. MANJUNATHA, ADVOCATE)
Digitally signed by NAGAVENI Location: High Court of Karnataka
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NC: 2025:KHC:11156 WP No. 6893 of 2025
AND:
CANARA BANK, GUDUGALLALE BRANCH, SHANIVARASANTHE, KARNATAKA - 571 235, REPRESENTE BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED SALE NOTICE ISSUED UNDER SECTION 13(4) OF SARFASEI ACT, 2002 READ WITH RULE 8(6) OF THE SECURITY INTEREST(ENFORCEMENT) RULES, 2002, DATED 30/01/2025 IN RESPECT OF PETITIONERS PROPERTY AS PER ANNEXURE-A BY THE RESPONDENT BY ALLOWING IN THIS WRIT PETITION AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court seeking the following prayers:
"(a) Issue writ in the nature of certiorari quashing impugned sale notice issued under Section 13(4) of the SARFASEI Act, 2002 read with Rule 8(6) of the security interest (Enforcement) Rules, 2002,
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NC: 2025:KHC:11156 WP No. 6893 of 2025
dated 30/01/2025 in respect of Petitioner's Property as per Annexure-A by the respondent by allowing in this writ petition.
(b) Pass any such other relief/s as deemed fit by this Hon'ble Court on the facts and circumstances of the case."
2. Heard Shri H.V. Manjunatha, learned counsel appearing for the petitioners and Shri Vignesh Shetty, learned counsel appearing for the respondent.
3. This Court on 07.03.2025 had passed the following
order:
"Heard the
learned counsel appearing for petitioners.
The amount in due in the case at hand is Rs.2,52,37,162/- and the sale is slated to be held on Tuesday i.e., on 11.03.2025.
Therefore, the certificate of sale to be issued to the successful bidder shall remain stayed subject to the condition that the petitioners would deposit Rs.50 lakhs in the next one week.
List the matter on 18.03.2025 in the fresh matters list."
Rs.50,00,000/- was deposited with the Bank. This is accepted by Shri Vignesh Shetty, learned counsel appearing for the respondent and he would further submit that the sale on the said date did not take place in the light of the interim order and its compliance.
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NC: 2025:KHC:11156 WP No. 6893 of 2025
4. In that light, the petition is disposed, reserving liberty to the petitioners to knock at the doors of this Court in the event another sale notice is issued. The Bank all issuing another sale notice, if needed shall take note of the fact that Rs.50,00,000/- is deposited pursuant to the order passed by this Court.
With the aforesaid observations, the petition stands
disposed.
Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
JY List No.: 1 Sl No.: 29 CT: BHK