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2025 DAILYLAW 48885 (KAR)

MR VASUDEVA GADIYAR K v. CANARA BANK LTD

WP/6081/2025 · 2025-10-16

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41363 WP No. 6081 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6081 OF 2025 (GM-RES) BETWEEN: MR VASUDEVA GADIYAR K S/O K PRABHAKAR GADIYAR AGED ABOUT 53 YEARS R/AT FRIST ROAD, HAYAGREEVA NAGAR UDUPI TLAUK AND DISTRICT - 576 102 PROPRIETOR OF UPAANA GARDENS A SOLE PROPRIETARY CONCERN HAVING ITS PLACE OF BUSINESS AT 1-4-27A1, FLOWER ACTION CENTRE DODDANAGUDDE, UDUPI - 576 102 UDUPI TALUK AND DISTRICT …PETITIONER (BY SRI. AJITH A SHETTY, ADVOCATE) AND: CANARA BANK LTD., A GOVERNMENT OF INDIA UNDERTAKING HAVING TS BRANCH OFFICE AT MANIPAL, UDUPI UDUPI TALUK AND DISTICT - 526 201 REPRESENTED BY ITS CHIEF MANAGER. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED AUCTION NOTICES DATED 23.01.2025 ISSUED AS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41363 WP No. 6081 of 2025 PER ANNX-D DIRECT THE RESPONDENT BANK TO PROVIDE MORE TIME FOR REPAYMENT OF THE OUTSTANDING SUMS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: (a) issue a writ of certiorari, thereby quashing the impugned auction notices dated 23.01.2025 issued as per ANNEXURE-D: Bearing Number - MANIPAL/10111/SALE NOTICE/2/2024-25 issued by the respondent. (b) (ii) issue a writ of mandamus, directing the Respondent Bank to provide more time Respondent for repayment of the outstanding sums; and (c) (iii) grant such other relief/s as this Hon'ble Court would deem fit for grant under the facts and circumstances of the present case in the interest of justice and equity . 2. Learned counsel for the petitioner has filed a memo dated 15.10.2025 signed by the counsel for the petitioner, which reads as under: "The counsel for the petitioner most respectfully submits before this Hon'ble Court that the petitioner may - 3 - HC-KAR NC: 2025:KHC:41363 WP No. 6081 of 2025 be permitted to withdraw the present petition as it has become "Infructuous", in the interest of justice and equity." 3. Accepting the said memo and submission of the counsel for the petitioner, the petition is dismissed as withdrawn. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 7 CT: BHK