Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7871 WP No. 10060 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 10060 OF 2024 (GM-RES) BETWEEN:
MR. A.R. MARGU, S/O RAJU A.S, AGED ABOUT 53 YEARS, RESIDING AT NO. 804 , MAHAVEER DESIRE APARTMENT, CHIKKASANDRA VILLAGE, YESHWANTHPURA HOBLI, CHIKKABANAVRA HOBLI, BENGALURU - 560 090. …PETITIONER (BY SRI. H.V. BHANU PRAKASH, ADVOCATE (ABSENT)) AND:
1.
HDFC BANK LIMITED, HDFC BANK HOUSE, SENAPATI BAPAT MARG, LOWER PAREL (WEST), MUMBAI - 400 013, REPRESENTED BY ITS DIVISIONAL MANAGER.
2.
HDFC BANK LIMITED, HOUSE NO. 51 , KASTURBA ROAD, BENGALURU, KARNATAKA - 560 001, REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. VARUN S, ADVOCATE)
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:7871 WP No. 10060 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR ANY OTHER APPROPRIATE WRIT OR ORDER STAYING THE DEMAND NOTICE DATED 30.12.2023 AND POSSESSION NOTICE DATED 25.03.2024 ISSUED BY THE RESPONDENT BANK TO DIRECT THE PETITIONER TO HAND OVER THE PHYSICAL POSSESSION WITHIN SEVEN DAYS. THE OPERATION, EXECUTION AND IMPLEMENTATION OF THE POSSESSION PROCEEDINGS INITIATED BY THE RESPONDENT BANK ON THE BASIS OF ALLEGED DEMAND NOTICE DATED 30.12.2023 AND POSSESSION NOTICE DATED 30.12.2023 UNDER SECTION 13(2) OF SECURITY INTEREST ENFORCEMENT RULES 2002 AS ANNX-B AND C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Matter is called out. There is no representation for the petitioner.
2. On the previous date of hearing, i.e. on 14.02.2025 the following order was passed:
"Learned Counsel for the petitioner submits that he has paid the Court fee.
Office to verify.
Learned Counsel for the respondent-Bank submits that the petitioner has not complied with the directions issued by this Court.
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NC: 2025:KHC:7871 WP No. 10060 of 2024
Learned Counsel for the petitioner however submits that the petitioner has deposited a sum of Rs.90,000/- with the respondent-Bank on 25.01.2025.
However, this Court finds that the interim orders of stay were passed on 08.04.2024, subject to the petitioner depositing a sum of Rs.1,00,000/- within a period of four weeks from the date of the order and another sum of Rs.1,00,000/- within a period of four weeks thereafter.
There is non-compliance of the orders passed by this Court. Nevertheless, at the request of the
learned Counsel for the petitioner, re-list this matter on 21.02.2025 for Preliminary Hearing."
Consequently, the writ petition stands dismissed.
Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 12 CT: BHK