Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26696 WP No. 17424 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17424 OF 2024 (GM-RES) BETWEEN:
1. M/S CHANNARAJA TRADERS REP BY ITS PROPRIETOR SRI CHANNESH, RESIDING AT KALMANE VILLAGE, SHIKARIIPURA TALUK, SHIMOGGA DISTRICT-577214. 2. SMT KAMALAMMA W/O LATE MAHESHWARAPPA, R/AT SIDDESHWARA BEEDI KALMANE VILLAGE, SHIKARIIPURA TALUK, SHIMOGGA DISTRICT-577214. LRs OF DECEASED PETITIONER NO.2
2(A) SMT. K G NETHRAVATHI W/O LATE K. GNANESHWARAPPA AGED ABOUT 45 YEARS R/AT, NO.298, NISARGA NILAYA 6TH CROSS, KUVEMPU LAY OUT NEAR OM SHAKTI TEMPLE ROAD DEVASANDRA, K R PURAM BANGALORE-560 036. 2(B) SMT. SUMA HIREBIDARI W/O ANAND SHIVAPUR AGED ABOUT 42 YEARS NO.770, SHETTY'S CORNER
Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:26696 WP No. 17424 of 2024
TUMKUR ROAD, T DASARAHALLI BANGALORE-560 057. …PETITIONERS (BY SMT. SUMA HIREBIDARI, ADVOCATE FOR SRI. RAJESH SHETTY., ADVOCATE)
AND:
1. AUTHORISED OFFICER MANAGER, CANARA BANK, ISSUR BRNACH, SHIKARIPUR TALUK, SHIMOGGA-577214. 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE SHIVAMOGGA-577214. …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1;
SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO PROCEEDINGS UNDER SECTION 14 SARFAESI ACT IN CASEID.SECS/194/2024 AND ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING ORDER DATED 22/05/2024 VIDE ANNEXURE-C ISSUED BY THE R2 IN CASE ID.SECS/194/2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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HC-KAR NC: 2025:KHC:26696 WP No. 17424 of 2024
ORAL ORDER
Though the petition was filed assailing the order passed by the Magistrate under Section 14 of the SARFAESI Act, it is pointed out that loan dues are cleared by resorting to OTS Scheme. 2. Sri. Vignesh Shetty, learned counsel affirms the assertion that the loan dues are settled. 3. The limited prayer made by the petitioners is that the documents may be released in favour of the legal heirs now permitted to be impleaded as additional petitioners along with Sri. Channesh, who represented the 1st petitioner. 4.
In light of such prayer being made, noticing that the loan dues are cleared, respondent - Bank to release the original documents to petitioners i.e., Sri. Channesh and the legal heirs of deceased Kamalamma. The Bank may obtain indemnity bond to indemnify themselves in the event of any claim by anybody else. - 4 -
HC-KAR NC: 2025:KHC:26696 WP No. 17424 of 2024
5. In light of the above, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE
VP