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2025 DAILYLAW 33791 (KAR)

SRI MURALIDHAR N v. RESERVE BANK OF INDIA

WP/26622/2024 · 2025-03-05

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC:9480 WP No. 26622 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26622 OF 2024 (GM-RES) BETWEEN: SRI MURALIDHAR N., AGED ABOUT 53 YEARS S/O M.NARAYANA RESIDING AT NO.21 4TH CROSS, 7TH BLOCK JAYANAGAR, BENGALURU - 560 082. …PETITIONER (BY SRI MAHESH KIRAN SHETTY, ADVOCATE) AND: 1. RESERVE BANK OF INDIA CENTRAL OFFICE, 10TH FLOOR CENTRAL OFFICE BUILDING SHAHID BHAGAT SINGH MARG POST BOX NO.10014 MUMBAI – 01, REP. BY ITS AUTHORIZED OFFICER/GENERAL MANAGER. 2. CANARA BANK SOUTH END CIRCLE BRANCH NO.96, SOUTH END ROAD SOUTH END CIRCLE BENGALURU – 560 004 REPRESENTED BY ITS Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9480 WP No. 26622 of 2024 AUTHORIZED OFFICER/CHIEF MANAGER. …RESPONDENTS (BY SRI MANIK B. T., ADVOCATE FOR R1; SRI HEMANTH R. RAO, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DTD 18.09.2024 REF:CB/SOUTH END/RP/MURALIDHAR /12/2024 ISSUED BY THE R-2 VIDE ANNX-A SO FAR AS PETITIONER CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question a notice of sale dated 18.09.2024, by which the property of the petitioner, which is the subject matter of mortgage with the bank was sought to be put to sale. 2. Heard Sri Mahesh Kiran Shety, learned counsel for the petitioner, Sri Manik B.T., learned counsel for the respondent No.1 and Sri Hemanth R. Rao, learned counsel for the respondent No.2. - 3 - NC: 2025:KHC:9480 WP No. 26622 of 2024 3. This Court granted an interim order of stay subject to certain conditions. Learned counsel for the petitioner submits that the conditions are complied with by depositing Rs.1/- crore to the bank and the account itself should be regularised. 4. Learned counsel appearing for the bank submits that the auction sale of the said property did not take place on the intended date and the petition is rendered infructuous. He would submit that if representation is submitted to the bank to that effect, the same would be considered and the regularising of the account of the petitioner would be taken up. 5. While there is no doubt that the intended date of auction has spent itself, in the light of the fact that the petitioner has deposited Rs.1/- crore to the respondent – bank, I deem it appropriate to dispose the petition. 6. With the aforesaid observations, the following: ORDER a. The petitioned is disposed. b. The petitioner is directed to submit a representation to the bank and the bank shall consider the same, in - 4 - NC: 2025:KHC:9480 WP No. 26622 of 2024 accordance with the law, for regularising the account of the petitioner. Ordered accordingly. SD/- ____________________ JUSTICE M.NAGAPRASANNA NVJ List No.: 1 Sl No.: 41 CT:SS