M/S S R MOTORS v. TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD.,
WP/19086/2025 · 2025-07-02
S Sunil Dutt Yadav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30362 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30362 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23692 WP No. 19086 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19086 OF 2025 (GM-RES) BETWEEN:
1.
M/S S R MOTORS SY NO. 20/1, OPPOSITE TO POPULAR PETROL BUNK, 80 FEET RING ROAD, PAPPA REDDY PALYA NAGARABHAVI 2ND STAGE, BENGALURU - 560 0072.
REP BY IT PARTNERS.
2.
SMT. ARCHANA MUNDLUR D/O SRI AJAY KUMAR, AGED ABOUT 37 YEARS, R/AT FLAT NO. 501, KAKATHIYA RESIDENCY, KAPPAGAL ROAD, GANDHINAGAR, BELLARY - 583 103.
3.
SRI. M. AJAY KUMAR, S/O SRI RAMACHANDRAPPA, AGED ABOUT 65 YEARS, R/AT FLAT NO. 501, KAKATHIYA RESIDENCY, KAPPAGAL ROAD, GANDHINAGAR, BELLARY - 583 103, OWNERS OF THE PROPERTY.
4.
SRI. SANDESH B C S/O SRI B.S. CHIDANANDA REDDY, AGED ABOUT 42 YEARS,
Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:23692 WP No. 19086 of 2025
R/AT NO. 4981, SRE LAYOUT, TURUVANUR ROAD, NEAR RTO OFFICE, CHITRADURGA - 577 501.
5.
SRI B.S. CHIDANANDA REDDY, S/O LATE B. SRINVIASA REDDY, AGED ABOUT 69 YEARS, R/AT NO. 4981, SRE LAYOUT, TURUVANUR ROAD, NEAR RTO OFFICE, CHITRADURGA - 577 501. …PETITIONERS (BY SRI. GIREESHA R.J, ADVOCATE) AND:
TUMKUR GRAIN MERCHANTS CO-OPERATIVE BANK LTD., B.M. ROAD, TUMKUR - 572 103, REPRESENTED BY ITS MANAGER. …RESPONDENT (BY SRI. K.V. LOKESH, ADVOCATE FOR C/R)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-A) CALL FOR RECORDS RELATING TO INITIATION OF PROCEEDINGS UNDER SARFAESI ACT (SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT) IN SO FOR AS IT RELATES TO THE PETITIONER NO.4 E-SWATHU PROPERTY BEARING NO. 15100203000423300, IN RE-SY.NO.94 MEASURING 28 GUNTAS, RE-SY. NO.95 MEASURING 31 GUNTAS AND IN RE- SY.96 33 GUNTAS, IN TOTALLY 2 ACRES 12 GUNTAS, CONVERTED FROM AGRICULTURAL PURPOSE OF INDUSTRIAL PURPOSE, SITUATED AT MEDEHALLI, CHITRADURGA TALUK, CHITRADURGA DISTRICT AND PERUSE THE SAME AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:23692 WP No. 19086 of 2025
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
1.
Learned counsel for the respondent has filed a memo and submits that the auction to be held pursuant to the notice at Annexure - E has not been taken to the logical end in light of the absence of the bidders. Accordingly it is submitted that the petition may be disposed off.
2. In light of the memo filed and submission made, petition is disposed off as not calling for adjudication. All
contentions are kept open.
3. Needless to state in the event any measure under Section 13 of the SARFAESI Act is taken, it is for the petitioners to approach DRT in terms of Section 17 of the SARFAESI Act or as per the statutory scheme. Sd/- (S SUNIL DUTT YADAV) JUDGE
DHA List No.: 1 Sl No.: 1 CT: BHK