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2025 DAILYLAW 54810 (KAR)

SRI NAGARAJA V v. THE CHIEF MANAGER

WP/27825/2024 · 2025-08-05

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30318 WP No. 27825 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27825 OF 2024 (GM-RES) BETWEEN: SRI NAGARAJA V S/O LATE SRI VENKATA RAMAIAH AGED ABOUT 55 YEARS, R/AT KETHAGANAHALLI POST, KAMASAMUDRAM HOBLI, BANGARPET TALUK-563129. …PETITIONER (BY SRI. PATTABI C., ADVOCATE) AND: 1. THE CHIEF MANAGER CANARA BANK, SOREGOWDANAKOTE BRANCH, NERALIKERE, S G KOTE POST, BANGARPET TALUK-563129. 2. THE AUTHORISED OFFICER, CANARA BANK, WARD NO.24, KEELUKOTE EXTENSION, ANTHARANGANGE MAIN ROAD, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30318 WP No. 27825 of 2024 KOLAR TOWN-563101. 3. SRI.HAMSANANDHA S/O SRI.CHOWDAPPA, DHODDAKALAVANCHI VILLAGE, THOPPANAHALLI POST, BANGARPET TALUK-563129. …RESPONDENTS (BY SRI. VIGNESH S. SHETTY, ADVOCATE FOR R1 & R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PUBLIC AUCTION IN PURSUANCE OF THE SALE NOTICE DTD. 20.07.2024 BY REF.NO. 9/GVP/SN/5457/619/2 VIDE ANNX-A AND IN THE ALTERNATIVE TO ISSUE NECESSARY DIRECTION TO THE R-1 AND 2 TO RECONCILE THE ACCOUNTS PROPERLY SO FAR AS THE PETITIONER CONCERNED. 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:30318 WP No. 27825 of 2024 ORAL ORDER Mr. C. Pattabi Raman, the learned counsel for the petitioner, submits that this Court must interfere with the impugned Sale Notice dated 20.07.2024 under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, because the property worth Crores of rupees is brought to sale with a reserved price of Rs.14,50,000/-. However, Mr. Vignesh S. Shetty, the learned counsel for the first and second respondents, submits that the petition is rendered infructuous, because the sale is complete and Sale Certificate dated 19.09.2024 is also issued. This Court must opine that if a Sale Certificate is already issued, the petition is rendered infructuous insofar as the sale notice is concerned. Therefore, without prejudice to the petitioner to pursue - 4 - HC-KAR NC: 2025:KHC:30318 WP No. 27825 of 2024 remedies otherwise available, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE RB