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2025 DAILYLAW 25910 (KAR)

MR JAYANT YALLAPPA ANKUSHKAR v. THE CANARA BANK

WP/15038/2024 · 2025-01-25

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:3359 WP No. 15038 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 15038 OF 2024 (GM-RES) BETWEEN: 1. MR JAYANT YALLAPPA ANKUSHKAR S/O SRI YALLAPPA HANUMANTHAPPA KALAL, AGED ABOUT 52 YEARS, NO.B10, DURGAPARVATI 1ST FLOOR, UPADHYAYA LAYOUT, NAGADEVANAHALLI KENGERI UPANAGAR, BENGALURU - 560056 MOB: 6360907744 2. MR VENKATESH C MARA S/O SRI CHIDANANDAPPA H MARA AGED ABOUT 55 YEARS NO.993, 3B THIRD FLOOR, 3RD MAIN, 7TH BLOCK, 2ND PHASE, BANASHANKARI 3RD STAGE, HOSAKEREHALLI EXTENSION, BENGALURU - 560085 MOB: 9448924737 3. MR T NAGARAJAPPA S/O THIMAPPA AGED ABOUT 65 YEARS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3359 WP No. 15038 of 2024 NO 344, 20TH MAIN ROAD, 4TH BLOCK, NANDINI LAYOUT, BENGALURU - 560096 MOB:9480427428 …PETITIONERS (BY SRI. SAI KIRAN R., ADVOCATE) AND: 1. THE CANARA BANK ARM-II BRANCH, 2ND FLOOR, CIRCLE OFFICE, SPENCER TOWERS, NO 86, MG ROAD, BENGALURU - 560001 REPRESENTED BY ITS AUTHORISED PERSON EMAIL: cb6298@canarabank.com 2. M/S GSK PROJECTS AND ENGINEERING PVT LTD A COMPANY REGISTERED UNDER COMPANIES ACT HAVING ITS OFFIC AT:NO.530, 14TH MAIN, 1ST BLOCK, 3RD STAGE, MANJUNATH NAGAR, BENGALURU - 560010 ALSO AT:SHED NO.2/1, SURVEY NO.27/2, RAMAIAH INDUSTRIAL AREA HEROHALLI CROSS, MAHADESWARNAGAR, VISHWANEEDAM POST, BENGALURU - 560091 AND ALSO AT: NO.4, 2ND FLOOR, 9TH CROSS, MAHALAKSHMI LAYOUT FURTHER EXTENSION, BENGALURU - 560086 - 3 - NC: 2025:KHC:3359 WP No. 15038 of 2024 REPRESENTED BY ITS MANAGING DIRECTOR/ AUTHORISED PERSON 3. MR GIRISH RAMESWARAPPA S/O RAMESWARAPPA G AGED ABOUT 56 YEARS, NO.4, 2ND FLOOR, 9TH CROSS, MAHALAKSHMI LAYOUT FURTHER EXTENSION, BENGALURU - 560086 MOB: 9845095967 RESPONDENTS (BY SRI. K.V. LOKESH, ADVOCATE FOR R1; R2 & R3 SERVED - UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO i) BE PLEASED TO QUASH THE SALE NOTICE DATED 07/05/2024 - 08/05/52024 ISSUED BY R1-CANARA BANK IN PRAJA VANI, KANNADA DAILY NEWSPAPER ON 09/05/2024 WHICH IS PRODUCED AS ANNEXURE-A AS ILLEGAL AND NOT BINDING SCHEDULE B PROPERTY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent-Bank submits that the prayer in the writ petition is questioning the sale notice - 4 - NC: 2025:KHC:3359 WP No. 15038 of 2024 dated 07.05.2024. Learned counsel submits that the auction scheduled to be held on 09.05.2024 in terms of the impugned sale notice could not take place. He would therefore submit that the prayer made in the writ petition has become infructuous. 2. Learned counsel would further submit that the directions issued by this Court while granting interim order on 11.06.2024 that the petitioner shall deposit Rs.50,00,000/- with the respondent-Bank on or before 15.07.2024 has not been complied. 3. However, learned counsel for the petitioner has drawn the attention of this Court to the memo filed on 10.07.2024 showing the deposit made on behalf of the petitioners and therefore, the directions issued by this Court have been complied. 4. At this juncture, learned counsel for the petitioner submits that the petitioner has filed an I.A.No.1/2024 seeking direction to respondent No.1-Canara Bank to provide the statement of accounts reflecting principal amount along with accrued interest. Learned counsel submits that if the information is provided by the bank, the petitioner will - 5 - NC: 2025:KHC:3359 WP No. 15038 of 2024 endeavour to pay the outstanding amount along with accrued interest or seek one time settlement benefit from the bank. 5. Accordingly, writ petition stands disposed of reserving liberty to the petitioner to approach respondent No.1- Bank to seek the benefit under one time settlement scheme. The respondent-Bank shall also furnish all necessary information to enable the petitioner to pay the outstanding loan amount or to settle the amount in terms of the one time settlement scheme. Sd/- (R DEVDAS) JUDGE RKA List No.: 1 Sl No.: 43