SHRI. Y.R. RAMESH REDDY v. THE AUTHORIZED OFFICER/ MANAGER,
WP/25954/2025 · 2025-09-09
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42445 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42445 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35764 WP No. 25954 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25954 OF 2025 (GM-RES)
BETWEEN:
1.
SHRI. Y.R. RAMESH REDDY S/O SHRI. LATE RAMAKRISHNA REDDY, AGED ABOUT 64 YEARS, R/A NO.219, 10TH C MAIN ROAD, 1ST BLOCK, JAYANAGAR, BENGALURU 560 011.
2.
SMT. CHANDRIKA D /O SHRI. KOTHANDARAMA, AGED ABOUT 59 YEARS, R/A NO.58, KATRIGUPPE, BSK III STAGE, WARD 54, SRINIVASANAGAR, BENGALURU 560 050.
3.
SHRI. A.N. PURUSHOTHAMA S/O A.S.NARAYANASWAMY AGED ABOUT 66 YEARS, R/A NO.2, AREKERE VILLAGE, BANNERGHATTA ROAD,
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:35764 WP No. 25954 of 2025
BENGALURU 560 076
…PETITIONERS (BY SRI. KARTHIKA NAIR, ADVOCATE FOR SRI. VAMSHI KRISHNA., ADVOCATE)
AND:
1.
THE AUTHORIZED OFFICER/ MANAGER, CANARA BANK HAVING ITS REGISTERED OFFICE AT BTM LAYOUT BRANCH, NO. 28/29, 18TH MAIN, 7TH CROSS, BTM II STAGE, BENGALURU 560076.
2.
SHRI. S.RAM KUMAR S/O SHRI. SIDAPPA AGED ABOUT 47 YEARS, R/A FLAT NO.7, 3RD FLOOR, SWAMY MANSION APARTMENT, NO.20, BASAPPA ROAD, SHANTHI NAGAR, BENGALURU 560 027.
3.
SHRI. ASHOKA, AGED ABOUT 57 YEARS, R/A NO.56, 3RD MAIN, 1ST CROSS, NEW KG LAYOUT, KATTRIGUPPE, BSK 3RD STAGE, BENGALURU 560 085
…RESPONDENTS
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HC-KAR NC: 2025:KHC:35764 WP No. 25954 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED SALE NOTICE DATED 21.10.2024 (ANNX-A) ISSUED BY THE R-1 BY WAY OF ISSUANCE OF A WRIT OF CERTIORARI; QUASH / SET ASIDE THE IMPUGNED THE SALE CERTIFICATE DATED 05.02.2025 (ANNX- B) ISSUED BY THE R-1 IN FAVOUR OF THE R-2 (AUCTION PURCHASER) AND THE IMPUGNED SALE CERTIFICATE DATED 16.04.2025 (ANNX-C) BY WAY OF ISSUANCE OF A WRIT OF CERTIORARI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioners are borrowers and are aggrieved by the first respondent's decision to bring the Secured Assets /immovable properties to sale under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement
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HC-KAR NC: 2025:KHC:35764 WP No. 25954 of 2025
of Security Interest Act, 2002 [for short, 'SARFAESI Act'].
Ms. Karthika Nair, the learned counsel for the petitioners, submits that the petitioners' challenge to the proceedings stems from the fact that the properties have been grossly undervalued, but even this question should be examined in the factual matrix by the Debt Recovery Tribunal under Section 17 of the SARFAESI Act and there would be no occasion for this Court to intervene.
At this stage, Ms. Karthika Nair submits that four properties are actually brought to sale and two are already sold and this Court may grant some respite to the petitioners as against the sale of the remaining properties. Any restraint on the first respondent even in this regard would require an
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HC-KAR NC: 2025:KHC:35764 WP No. 25954 of 2025
inquiry on facts, and therefore, the petition stands
disposed of subject to all just exceptions.
Sd/- (B M SHYAM PRASAD) JUDGE
NV List No.: 1 Sl No.: 14