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2025 DAILYLAW 35743 (KAR)

SMT. G. GOWRAMMA v. UNION BANK OF INDIA

WP/31747/2024 · 2025-06-27

S Sunil Dutt Yadav

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22731 WP No. 31747 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 31747 OF 2024 (GM-RES) BETWEEN: 1. SMT. G. GOWRAMMA W/O V. GOPALAIAH, AGED ABOUT 66 YEARS, NO. 176, HUTHANAHALLI, CHIKKAJALA POST, JALA HOBLI, BANGALORE NORTH TALUK, BENGALURU - 562157 SENIOR CITIZEN BENEFIT NOT CLAIMED. …PETITIONER (BY SRI. SRIKANTH M., ADVOCATE) AND: 1. UNION BANK OF INDIA RAJAJINAGAR BRANCH, NO.25/2, FIRST MAIN, DR RAJKUMAR ROAD, II STAGE, RAJAJINAGAR, BENGALURU - 560010. REP BY ITS AUTHORISED OFFICER AND CHIEF MANAGER. …RESPONDENT (BY SRI. VIGNESH SHETTY., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE NOTICE DTD. 14.10.2024 IN ARB/GOWRAMMA/SN30/14/2024-25 ISSUED UNDER RULE 8 OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 FOUND AT ANNX-A. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22731 WP No. 31747 of 2024 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 Learned counsel for the petitioner files a memo and submits that the amount due to the respondent Bank has been settled. 2. The memo is taken on record. It reads as follows:- "The petitioner submits as follows:- That in the above case, the petitioner has cleared all dues to the respondent Bank. As such, I pray this Hon'ble Court to dispose off the above petition and pass orders to return of original documents, in the ends of justice." 3. Sri Vignesh Shetty, learned counsel appering for the respondent Bank submits that there may be a small amount outstanding, including certain legal charges, if any. 4. It is further submitted by the respondent Bank that the sale has not been confirmed in light of the interim order of this Court. It is further submitted that while the matter from their end technically stands settled once the petitioner has - 3 - HC-KAR NC: 2025:KHC:22731 WP No. 31747 of 2024 cleared the dues. However, insofar as the refund to be made to the bidder, the refund may have to be made with interest and accordingly, the petitioner may be directed to address such concern. 5. Learned counsel for the petitioner submits that they would take appropriate steps to ensure that the matter is settled. 6. In light of the memo filed and submission made, the petition is disposed off as not calling for adjudication. 7. Needless to state that the respondent Bank is to return the original documents to the petitioner upon completing the procedural formalities for closure of loan. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR