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2025 DAILYLAW 45568 (KAR)

SRI H. MANJUNATH v. SRI A BHASKAR

WP/35377/2025 · 2025-11-24

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48538 WP No. 35377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.35377 OF 2025 (GM-DRT) BETWEEN: SRI. H MANJUNATH S/O LATE N HANUMANTHARAJU, AGED ABOUT 67 YEARS, RESIDING AT NO.333, PHASE II, IDEAL HOMES CO-OPERATIVE BUILDING SOCIETY LIMITED SECTOR-G, 43RD MAIN ROAD, 1ST CROSS, KENCHENAHALLI/ HALAGEVADERAHALLI, BENGALURU - 560 098 …PETITIONER (BY SRI. NARASIMHAN S., ADVOCATE) AND: 1. SRI. A BHASKAR S/O C ANJANEYALU, AGED ABOUT 57 YEARS, RESIDING AT NO.333, PHASE II, IDEAL HOMES CO-OPERATIVE BUILDING SOCIETY LIMITED SECTOR-G, KENCHENAHALLI/ HALAGEVADERAHALLI, BENGALURU – 560 098 2. SRI. HEERALAL CHOUDHARY, S/O SRI. RAMALAL CHOUDHARY, AGED ABOUT 46 YEARS, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48538 WP No. 35377 of 2025 RESIDING AT NO.86, OLD NO.1163, 10TH CROSS ROAD, NEAR HANUMANTHANAGAR POLICE STATION, ASHOKNAGAR, BANASHANKARI 1ST STAGE, BENGALURU - 560 050 3. SMT. PREMALATHA, W/O HEERALAL CHOUDHARY, AGED ABOUT 41 YEARS, RESIDING AT NO.86, OLD NO.1163, 10TH CROSS ROAD, NEAR HANUMANTHANAGAR POLICE STATION, ASHOKNAGAR, BANASHANKARI 1ST STAGE, BENGALURU - 560 050 4. M/S BANK OF INDIA, NO.11, KEMPEGOWDA NAGAR, BENGALURU MAIN BRANCH, BENGALURU - 560 009 REPRESENTED BY ITS MANAGER …RESPONDENTS (BY SRI. M MOHAMED IBRAHIM., ADVOCATE FOR C/R4) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED VACATION NOTICE BEARING REF NO. BOI/BARB/ 2025-26/AK/117 DATED 19.11.2025 ISSUED BY THE 4TH RESPONDENT BANK AT ANNEXURE-G AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:48538 WP No. 35377 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel for the petitioner. 2. Having taken note of the factual aspects on record, as the petitioner is aggrieved by the order dated 07.11.2025 in Crl.Misc.No.7977/2025 passed under Section 14 of the SARFAESI Act, 2002 and the e-auction sale notice dated 21.10.2025 (Annexure-C) issued by the respondent No.4/Bank, the petitioner is having efficacious remedy to approach the competent Tribunal under the SARFAESI Act, 2002. 3. In that view of the matter, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE BN/List No.: 2 Sl No.: 3