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2025 DAILYLAW 34530 (KAR)

M/S KABBALAMMA AGARBHATHI UNIT v. UNION BANK OF INDIA

WP/28721/2024 · 2025-01-25

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:3358 WP No. 28721 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 28721 OF 2024 (GM-RES) BETWEEN: 1. M/S KABBALAMMA AGARBHATHI UNIT PROPRIETORSHIP REP. BY ITS PROPRIETOR SMT. SOWMYA U.M. W/O BORELINGEGOWDA AGED ABOUT 40 YEARS, R/AT MYLANAYAKANA HOSAHALLI VILLAGE CHANNAPATNA TALUK, RAMANAGARA-562160 2. MR. BORELINGEGOWDA, S/O.M.PUTTASWAMY, AGED ABOUT 50 YEARS, R/AT MYLANAYAKANAHOSAHALLI VILLAGE, CHANNAPATNA TALUK, RAMANAGAR DISTRICT 562160 …PETITIONERS (BY SRI. ASHOKA T., ADVOCATE) AND: 1. UNION BANK OF INDIA MYLANAYAKANAHALLI HOSAHALLI BRANCH BEVOR ROAD, OPP. GOVT. MIDDLE SCHOOL MYLANAYAKAHAHOSAHALLI VILLAGE Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3358 WP No. 28721 of 2024 CHANNAPATNA TALUK, RAMANAGARA-562160 (EARLIER KNOWN AS CORPORATION BANK, M.N. HOSAHALLI BRANCH) REPRESENTED BY ITS AUTHORISED OFFICER …RESPONDENT (BY SMT. DIVYA PURANDAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-A NOTICE BEARING NO. OR/E-AUCTION/273/2024-25 DTD. 23.09.2024 ISSUED BY RESPONDENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent-Bank submits that the prayer in the writ petition is questioning the sale notice dated 23.09.2024. Learned counsel submits that the E-auction scheduled to be held on 29.10.2024 in terms of the impugned sale notice could not take place. He would therefore submit that the prayer made in the writ petition has become infructuous. - 3 - NC: 2025:KHC:3358 WP No. 28721 of 2024 2. Learned counsel for the respondent-Bank would further submit that the directions issued by this Court while granting interim order on 24.10.2024 that the petitioners shall deposit Rs.6,00,000/- with the respondent-Bank on or before 28.10.2024 has been complied. 3. At this juncture, learned counsel for the petitioners submits that the petitioners are seeking a direction to respondent No.1-Union Bank of India to provide the statement of accounts reflecting principal amount along with accrued interest. Learned counsel submits that if the information is provided by the bank, the petitioners will endeavour to pay the outstanding amount along with accrued interest or seek one time settlement benefit from the bank. 4. Accordingly, writ petition stands disposed of reserving liberty to the petitioners to approach respondent No.1-Bank to seek the benefit under one time settlement scheme. The respondent-Bank shall also furnish all necessary information to enable the petitioners to pay the outstanding loan amount or to settle the amount in terms of the one time settlement scheme. - 4 - NC: 2025:KHC:3358 WP No. 28721 of 2024 In view of the disposal of the petition, pending I.A's does not survive for consideration and accordingly, disposed of. Sd/- (R DEVDAS) JUDGE RKA List No.: 1 Sl No.: 44