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2025 DAILYLAW 38784 (KAR)

M/S MAWIR ENGINEERING PVT LTD., v. M/S CANARA BANK

WP/34725/2024 · 2025-09-19

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39095 WP No. 34725 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 34725 OF 2024 (GM-RES) BETWEEN: M/S MAWIR ENGINEERING PVT LTD., A COMPANY INCORPORATED UNDER THE PROVISION OF THE COMPANIES ACT, HAVING REGISTERED OFFICE AT NO 608 SHANGRI LA PLAZA ROAD NO 2 BANJARA HILLS HYDERABAD 500034 REPRESENTED BY ITS DIRECTOR AND AUTHORIZED SIGNATORY SRI SARAT CHANDRA PARUPALLI. …PETITIONER (BY SRI. SWAROOP SRINIVAS., ADVOCATE) AND: M/S CANARA BANK REP BY ITS AUTHORIZED OFFICER MANAGEMENT BRANCH-1 AT 2ND FLOOR CO BUILDING Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39095 WP No. 34725 of 2024 NO 86 SPENCER TOWERS MG ROAD, BENGALURU-560001. …RESPONDENT (BY SRI. VIGNESH S. SHETTY., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED NOTICE REF. SARFAESI/DN/13018/MAIWAR DATED 07.12.2024 ISSUED BY THE RESPONDENT UNDER SECTION 13(2) SARFAESI ACT. (ANNEXURE-A); DIRECT THE RESPONDENT TO FILE AN APPLICATION BEFORE THE COMMITTEE FOR THE STRESSED MSME FOR RESTRUCTURE OF LOAN ACCOUNT BEARING NO. 125002101229 AS PROVIDED UNDER NOTIFICATION DATED 29.05.2015 IN CONSIDERATION OF THE REPLY DATED 13.12.2024. (ANNEXURE-E AND F). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:39095 WP No. 34725 of 2024 ORAL ORDER The petitioner has called in question the Notice dated 07.12.2024 [Annexure-A] issued by the respondent under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with a request for further prayer that reads as under: Direct the respondent to file an application before the Committee for the stressed MSMEs for restructure of loan account Bearing No.125002101229 as provided under notification dated 29.05.2015 in consideration of the reply dated 13.12.2024 [Annexure-E and F]. Sri Vignesh S. Shetty, a learned standing counsel for the respondent, submits that the petition as against the impugned Notice dated 07.12.2024 would not survive as it is withdrawn, and that this Court may consider that despite multiple - 4 - HC-KAR NC: 2025:KHC:39095 WP No. 34725 of 2024 opportunities the petitioner has not furnished requisite documents for restructuring. This Court is of the view that the petition must be disposed of if the impugned notice dated 07.12.2024 is recalled with liberty to the petitioner to file all documents and seek restructuring. The petition stands disposed of accordingly directing the respondent to consider such application provided that the petitioner avails this liberty within three weeks from today. Sd/- (B M SHYAM PRASAD) JUDGE SA List No.: 3 Sl No.: 4