- 1 - NC: 2025:KHC:2620 WP No. 34168 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 34168 OF 2024 (GM-RES) BETWEEN: 1. SRI. M. BALARAJU, S/O MUNIYELLAPPA AGED ABOUT 65 YEARS R/AT NO. E-29 O-21 NEAR GOVERNMENT SCHOOL IGGALUR CHANDRAPURA ANEKAL, BENGALURU 560099 PAN NO.AILPB1883B. 2. SRI. LAKSHMAIAH S/O MUNISWAMAPPA AGED ABOUT 40 YEARS R/AT NO. E-31-0-23 IGGALUR NEAR VENUGOPALASWAMY TEMPLE CHANDAPURA ANEKAL BENGALURU- 560099. …PETITIONERS (BY SRI. KAVITHA D., ADVOCATE) AND: M/S. CANARA BANK (CONSTITUTED UNDER THE BANKING COMPANIES ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT 1970 ON JULY 19, 1969 NO.86, SPENCER TOWER Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2620 WP No. 34168 of 2024 M. G. ROAD, BENGALURU 560001 IFSC CODE CNRB0007949 REP BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SMT. SOWBHAGYA N.A., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE NOTICE FOR EXERCISING THE RIGHT OF REDEMPTION UNDER SECTION 13(8) OF THE SARFAESI ACT, 2002, DTD. 27.11.2024 PASTED BY THE RESPONDENT-BANK ON ONE OF THE WALLS OF THE SCHEDULE PREMISES VIDE ANNX-Q BY DECLARING THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTIES ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER On 17.12.2024, the following order was passed: “Issue emergent notice to the respondent. Interim order as prayed for is granted subject to petitioners depositing 25% of the outstanding amount due as of today to the respondent - Bank within four weeks from today, failing which, the interim order granted stands automatically vacated, and the respondent-Bank is at liberty to proceed in accordance with law. - 3 - NC: 2025:KHC:2620 WP No. 34168 of 2024 The office objections to be complied with by three days. List on 22.1.2025. Hand delivery ordered. “ 2. Learned Counsel for the respondent-bank submits that the petitioner has not complied with the directions issued by this Court. 3. Learned Counsel for petitioner admits that the petitioner has deposited a sum of Rupees 10 Lakhs with the respondent bank on 21.01.2025. But, such payment is done after the period of four weeks granted by this Court. 4. The petitioner is before this court seeking a direction to the respondent-Bank to consider the representation given at Annexure-Q for consideration of ‘One Time Settlement’ scheme. 5. Learned Counsel for the respondent-Bank submits that the Securitization Application (S.A) filed by the petitioner is still pending consideration before the Debts Recovery Tribunal. - 4 - NC: 2025:KHC:2620 WP No. 34168 of 2024 6. In view of the non-compliance of the directions issued by this Court and the fact that the petitioner is already before the Debts Recovery Tribunal, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE DL CT: JL