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2025 DAILYLAW 55771 (KAR)

MR. DINESHA S v. KARNATAKA BANK LTD.,

WP/16835/2022 · 2025-07-15

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26147 WP No. 16835 of 2022 C/W WP No. 22206 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16835 OF 2022 (GM-RES) C/W WRIT PETITION NO. 22206 OF 2022 (GM-RES) IN W.P. No. 16835/2022 BETWEEN: 1. MR. DINESHA S S/O MR SUBBAPPA AGED ABOUT 42 YEARS, 2. MRS SAVITHA R W/O DINESHA S AGED ABOUT 41 YEARS, 3. MRS THAYAMMA W/O MR SUBBAPPA AGED ABOUT 60 YEARS, ALL PETITIONERS ARE R/AT NO.633 7TH CROSS, NEAR KARAGADAMMA TEMPLE CHANNAKESHAVANAGAR HOSA ROAD ELECTRONIC CITY, BENGALURU - 560 100 … PETITIONERS (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. KARNATAKA BANK LTD., REP BY ITS MANAGER Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26147 WP No. 16835 of 2022 C/W WP No. 22206 of 2022 INCORPORATED UNDER THE INDIAN COMPANIES ACT 1913 ASSET RECOVERY MANAGEMENT BRANCH 1ST FLOOR FKCCI BUILDING, KEMPEGOWDA ROAD BENGALURU -560 009 … RESPONDENT (BY SRI. Y.P. GOKUL., ADVOCATE FOR C/R) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-A I.E. SALE NOTICE DATED 04.08.2022 FOR SALE OF IMMOVABLE ASSETS (SCHEDULED PROPERTY) ISSUED BY THE RESPONDENT BANK UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 R/W PROVISO TO RULE 8(6)/RULE 9(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 TO THE PETITIONER, THROUGH E-AUCTION WILL BE HELD ON 24.08.2022, IN RESPECT OF THE SCHEDULE PROPERTY AND ETC. IN W.P. NO. 22206/2022 BETWEEN: 1. MR DINESHA S S/O MR SUBBAPPA AGED ABOUT 42 YEARS 2. MRS SAVITHA R W/O DINESH S AGED ABOUT 41 YEARS 3. MRS THAYAMMA W/O MR SUBBAPPA AGED ABOUT 60 YEARS ALL PETITIONERS ARE R/AT NO.633, 7TH CROSS - 3 - HC-KAR NC: 2025:KHC:26147 WP No. 16835 of 2022 C/W WP No. 22206 of 2022 NEAR KARAGADAMMA TEMPLE CHANNAKESHAVANAGAR HOSA ROAD ELECTRONIC CITY, BENGALURU -560 100 ... PETITIONERS (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. KARNATAKA BANK LTD REP BY ITS MANAGER BANKING COMPANY INCORPORATED UNDER THE THEN INDIAN COMPANIES ACT 1913 ASSET RECOVERY MANAGEMENT BRANCH I FLOOR FKCCI BUILDING, KEMPEGOWDA ROAD BENGALURU -560 009 ... RESPONDENT (BY SRI. Y.P. GOKUL., ADVOCATE FOR C/R) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE NOTICE OF IMMOVABLE PROPERTY ON 21.10.2022 BEARING NO.L85110KA1924PLC001128, FOR SALE OF IMMOVABLE ASSETS (SCHEDULED PROPERTY) ISSUED BY THE RESPONDENT BANK UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 R/W PROVISO TO RULE 8(6) RULE 9(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 TO THE PETITIONER, THROUGH E-AUCTION WILL BE CONDUCTED ON 10.11.2022 AT 10.25 AM TO 10.45 AM, IN RESPECT OF THE SCHEDULE PROPERTY AND ETC. THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 4 - HC-KAR NC: 2025:KHC:26147 WP No. 16835 of 2022 C/W WP No. 22206 of 2022 ORAL ORDER Learned counsel for the petitioners has filed a memo seeking to dismiss the petitions as not pressed. 2. The memo is taken on record. It reads as follows:- "The undersigned counsel appearing for the petitioners respectfully submits that, the above named petitioners have complied the order passed by this Hon'ble court by paying to the respondent - Bank a sum of Rs.23,00,000/- (Twenty Three Lakh) only, vide order dated 24.08.2022 and thereafter the petitioners are paying regular EMIs to the Respondent - Bank and hence, the loan account has been regularized, as such, the above petitions become infractuos (sic). Hence, this Hon'ble court may kindly be pleased to permit the petitioners to withdrawal the both petitions as not pressed and this Hon'ble court may kindly be dismiss the above petitions as not pressed, in the ends of justice." 3. In light of the memo filed and submission made, the petitions are dismissed as not pressed. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR