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2025 DAILYLAW 33917 (KAR)

MRS. SHUBHADHA D E v. CANARA BANK

WP/27273/2024 · 2025-06-19

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21345 WP No. 27273 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 27273 OF 2024 (GM-RES) BETWEEN: 1. MRS. SHUBHADHA D E W/O SURENDRA S V AGED ABOUT 44 YEARS COFFEE PLANTER KELAGUR VILLAGE ALDUR HOBLI CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT-577111. …PETITIONER (BY SRI. K S KALLESHAPPA., ADVOCATE) AND: 1. CANARA BANK SATHIHALLI BRANCH CHIKKAMAGALUR CHIKKAMAGALURU DISTRICT REPRESENTED BY ITS MANAGER-577101 …RESPONDENT (BY SRI. VENU K V., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ANNEXURE-B DATED 18-09-2024 REF:REC/RMROCKM/PN/24- 25/SUBHADHA ISSUED BY THE RESPONDENT FOR TAKING THE POSSESSION OF THE SCHEDULE PROPERTY AS PER ANNEXURE-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21345 WP No. 27273 of 2024 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for petitioner has filed a memo reading as hereunder: "1] It is submitted that this petition filed by the petitioner challenging Annexure-B dated 18/09/2024 issued by the Respondent for taking the possession of the schedule property as per Annexure-B under the provisions of Securitization and Reconstructions of Financial Assets and Enforcement of Security Interest Act- 2002 R/w Rule 8 (6) of the Security Interest (Enforcement) Rule-2002 (9 Rule 8 & 9). 2] It is submitted that the matter had been settled between the parties amicably for a total amount of Rs.29,000,00/= [Rupees Twenty Nine Lakhs Only] as full and final settlement. It is submitted that the petitioner in compliance to the settlement had deposited a sum of Rs. 14,50,000/= [Rupees Fourteen Lakhs Fifty Thousand Only]. - 3 - HC-KAR NC: 2025:KHC:21345 WP No. 27273 of 2024 3] It is submitted that the petitioner had deposited the amount of Rs.8,68,557/= through Demand Draft on 27/11/2025, before this Hon'ble court. It is submitted that the said amount of Rs.8,68,557/= is in deposit of this Hon'ble Court under R.O No. 3072/2024, dated 12/12/2024. As stated above the matter had been settled hence, the petitioner has no objection for the respondent to withdraw the amount and the said amount is the part of the agreed balance amount payable to the respondent. Hence the petitioner humbly prays for this Hon'ble Court may kindly direct the office to release the above said amount in favour of respondent in the interest of justice and equity.” The memo is taken on record. 2. The petitioner submits that settlement would be completed if an amount of Rs.8,68,557/- is transferred to the loan account of the petitioner. - 4 - HC-KAR NC: 2025:KHC:21345 WP No. 27273 of 2024 3. Registry is directed to send the amount of Rs.8,68,557/- to the loan account of the petitioner, details of which would be filed along with the memo. 4. In light of the memo filed, the petition stands disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP