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2025 DAILYLAW 30115 (KAR)

MR SUMAN K R v. M/S SREE CHARAN SOUHARDHA CO-OPERATIVE BANK LTD

WP/18092/2023 · 2025-03-03

M Nagaprasanna

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9033 WP No. 18092 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18092 OF 2023 (GM-RES) BETWEEN: MR. SUMAN K. R., S/O KRISHNAPUR SRINIVASCHAR RAMAKRISHNAN AGED ABOUT 47 YEARS R/AT NO. 3451, VBHBS LAYOUT HOSKEREHALLI CROSS, GIRINAGAR BANASHANKARI 3RD STAGE BENGALURU – 560 085 PAN NO: AWRPS3179D …PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: M/S. SREE CHARAN SOUHARDHA CO-OPERATIVE BANK LTD., (REGISTERED UNDER THE CO-OPERATIVE SOCIETIES ACT, 1959) HEAD OFFICE NO. 87/1, HB SAMAJA ROAD GANDHI BAZAR, BASAVANAGUDI BENGALURU – 560 004 IFSC CODE: SECB0000002 REPRSENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI VISHNU VINAYAK C. R., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO SET ASIDE THE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9033 WP No. 18092 of 2023 POSSESSION NOTICE DTD 10/03/2023 VIDE ANNEXURE-AE AND THE SALE NOTICE DTD 06/06/2023 VIDE ANNEXURE-AH ISSUED BY THE RESPONDENT BANK BY STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The subject petition raises a challenge to a possession notice dated 10.03.2023 and a sale notice dated 06.06.2023, issued by the respondent - bank. 2. Learned counsel for respondent – Bank submits that the sale did not take place on the intended dated and the said sale notice has spent itself. Learned counsel would further submit that the very petitioner has filed another petition on the subsequent cause of action. - 3 - NC: 2025:KHC:9033 WP No. 18092 of 2023 3. In the light of the aforesaid circumstance, the petition does not survive for further consideration and therefore, stands disposed as having become infructuous. SD/- ____________________ JUSTICE M.NAGAPRASANNA NVJ List No.: 1 Sl No.: 185