B B ELECTRICALS AND HOME APPLIANCES v. M/S CANARA BANK
WP/35278/2024 · 2025-01-08
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37117 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37117 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:562 WP No. 35278 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 35278 OF 2024 (GM-RES)
BETWEEN:
1.
B R ELECTRICALS AND HOME APPLIANCES REPRESENTED BY SRI M BALARAJU, S/O MUNIYELLAPPA, AGED ABOUT 65 YEARS, R/AT NO. 3-29, 0-21, NEAR GOVERNMENT SCHOOL, IGGALUR, CHANDAPURA, ANEKAL BENGALURU - 560 099
2.
SRI LAKSHMAIAH S/O MUNISWAMAPPA, AGED ABOUT 55 YEARS, R./AT NO. E-31-0-23, IGGALUR, NEAR VENUGOPALASWAMY TEMPLE CHANDAPURA, ANEKAL, BENGALURU - 560 099. …PETITIONERS (BY SMT. 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, M G ROAD, BENGALURU - 560 001.
REP. BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SMT.SOWBHAGYA N. A., ADVOCATE)
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:562 WP No. 35278 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SALE NOTICE UNDER SECTION 8(6) OF THE SARFAESI ACT, 2002 DTD. 05.12.2024 PUBLISHED BY THE RESPONDENT BANK IN NEW INDIAN EXPRESS NEWS PAPER ON 06.12.2024 AGAINST THE SCHEDULE PROPERTIES VIDE ANNX-S 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 30.12.2024 the following order was passed:
“Learned counsel for the petitioners submits that court fee has been paid.
Office to verify.
Learned counsel for the petitioners is present.
None appears for the caveator.
Ad-interim stay as prayed for subject to the petitioners depositing with the respondent bank a sum of Rs.50,00,000/- on or before 06.01.2025 and further a sum of Rs.50,00,000/- on or before
22.01.2025.
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NC: 2025:KHC:562 WP No. 35278 of 2024
The amount deposited by the petitioner before the respondent shall be kept in a no lien account and shall be subject to further orders passed by this Court in the present writ petition.
It is made clear that if the amount is not deposited as ordered above, not only shall the interim
order stand automatically vacated, the writ petition itself will run the risk of dismissal.
To enable the petitioner to place on record the compliance of deposit of a sum of Rs.50,00,000/-, re- list this matter on 06.01.2025.”
2. Learned Counsel for the respondent-Bank submits that the petitioners have not complied with the directions issued by this Court.
3. Consequently, the writ petition stands dismissed.
Sd/- (R DEVDAS) JUDGE
JT/- CT: JL