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2025 DAILYLAW 30282 (KAR)

M/S GSK PROJECTS AND ENGINEERING (P) LTD v. CANARA BANK

WP/18890/2025 · 2025-07-01

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24253 WP No. 18890 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18890 OF 2025 (GM-RES) BETWEEN: 1. M/S GSK PROJECTS AND ENGINEERING (P) LTD NO. 530, 15TH MAIN 1ST BLOCK, 3RD STAGE, MANJUNATH NAGAR, BANGALURU - 560 010, KARNATAKA, REPRESENTED BY ITS MANAGING DIRECTOR, MR. GIRISH RAMESWARAPPA, S/O RAMESWARAPPA G, AGED ABOUT 55 YEARS, R/A NO.4, 2ND FLOOR, 9TH CROSS, MAHALAKSHMI LAYOUT,FURTHER EXTENSION, BANGALURU - 560 086. SHED NO. 2/1. SY NO. 27/2, RAMAIAH INDUSTRIAL AREA HEROHALLI CROSS, MAHADESWAR NAGAR, VISHWANEEDAM POST, BANGALURU - 560 091 … PETITIONER (BY SRI. BALAKRISHNA V., ADVOCATE) AND: 1. CANARA BANK ASSETS RECOVERY MANAGER-11, 2ND FLOOR, SPENCER TOWERS, NO. 86, MG ROAD, BANGALORE - 560 001 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24253 WP No. 18890 of 2025 2. THE GENERAL MANAGER CANARA BANK, HEAD OFFICE, J C ROAD, BANGALORE - 560 002 … RESPONDENTS (BY SRI. K.V. LOKESH., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED SALE NOTICE DATED 12TH JUNE 2025, U/SEC. 13(4) OF THE SARFAESI ACT 2002, R/W RULE 8(6) AND (9) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 ANNEXURE-A, AGAINST THE SCHEDULE IMMOVABLE PROPERTY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has filed the petition seeking for issuance of writ of certiorari to set aside the impugned Sale Notice at Annexure-'A' dated 12.06.2025. Various other contentions have been raised regarding the irregularities in the procedure followed. 2. Learned counsel for the petitioner submits that payments have been made by the petitioner on various - 3 - HC-KAR NC: 2025:KHC:24253 WP No. 18890 of 2025 dates. He has filed a memo in this regard evidencing the same. 3. Learned counsel appearing for the respondent - Bank has filed a memo and submits that the sale has not taken place. It is submitted that even otherwise, there is a substantive remedy available under the SARFAESI Act and accordingly, the matter may be disposed off. 4. Accordingly, the petition is disposed off reserving liberty to the petitioner to take up appropriate proceedings by invoking the substantive remedy in the event the respondent Bank takes measures under Section 13 of SARFAESI Act. All contentions of both the sides are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR