Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 57006 (KAR)

MR DORAISWAMY REDDY v. THE AUTHORISED OFFICER/MANAGER,

WP/18501/2025 · 2025-07-14

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25954 WP No. 18501 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18501 OF 2025 (GM-RES) BETWEEN: 1. MR DORAISWAMY REDDY S/O LATE. G SUBRAMANYA REDDY, AGE ABOUT 69 YEARS, RESIDING AT NO.25, CHINNAPPANAIDU LAYOUT, BEHIND DEVEGOWDA PETROL BUNK BANASHANKARI 3RD STAGE, BANGALORE-560 042. … PETITIONER (BY SRI. SHARATH KUMAR SHETTY., ADVOCATE) AND: 1. THE AUTHORISED OFFICER/MANAGER, CITY UNION BANK LTD, NO.24-B, GANDHINAGAR, ADMINISTRATIVE OFFICE. KUMBAKONAM, TAMILNADU-612 001 2. MR.K.MOHAN, S/O.KARUPANNA GOUNDER, AGE ABOUT 58 YEARS, RESIDING AT NO.14, 2ND CROSS, CHOWDAIAH BLOCK, SIVAN CHETTY GARDENS, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25954 WP No. 18501 of 2025 R T NAGAR, BANGALORE-560 042 3. MR.S.J.MRS. VIJAYAKUMARI, W/O DORAISWAMY REDDY AGE ABOUT 60 YEARS, RESIDING AT NO.25, BEHIND DEVEGOWDA PETROL BUNK, CHINNAPA NAIDU LAYOUT, BANASHANKARI 3RD STAGE, BANGALORE-560 042. 4. MRS TAMILARASI, W/O.K. MOHAN, AGE ABOUT 60 YEARS, RESIDING AT NO.14, 2ND CROSS, CHOWDAIAH BLOCK, SIVAN CHETTY GARDENS, R.T NAGAR, BANGALORE-560 042 5. MR. K. KAVEEN KUMAR, S/O.K MOHAN, AGE ABOUT 28 YEARS, RESIDING AT NO. 14, 2ND CROSS, CHOWDAIAH BLOCK, SIVAN CHETTY GARDENS. R.T.NAGAR, BANGALORE-560 042 6. MR.K SURYA, S/O.K.MOHAN, AGE ABOUT 28 YEARS, RESIDING AT NO.14, 2ND CROSS, CHOWDAIAH BLOCK, SIVAN CHETTY GARDENS, - 3 - HC-KAR NC: 2025:KHC:25954 WP No. 18501 of 2025 R.T NAGAR, BANGALORE-560 042 7. M/S JALSA NO.25/7, DODDANEKUNDI, K.R.PURAM, BANGALORE-560 037 REPRESENTED BY ITS PARTNERS 8. MRS JYOTHI, W/O.GANDADHARA REDDY, MAJOR BY AGE, NO.6, GANAJOTHI NILAYAM MALLIGE THOTTA, CHOLURPALYA, BANGALORE-560 026. 9. MRS.RUPA, D/O.GANGADHARA REDDY, MAJOR BY AGE, NO.6, GANGAJOTHI NILAYAM, MALLIGE THOTTA, CHOLARAPALYA, BANGALORE-560 026. 10. MRS.KAVITHA, D/O.GANGADHARA REDDY, MAJOR BY AGE, NO.6, GANGAJOTHINILAYAM, MILLIGE THOTTA, CHOLURPALYA, BANGALORE-560 026 11. MR. DILIP REDDY, D/O.GANGADHARA REDDY, MAJOR BY AGE, NO.6, GANGAJOTHI NILAYAM, MALLIGE THOTTA, CHOLURPALYA, BANGALORE-560 026 - 4 - HC-KAR NC: 2025:KHC:25954 WP No. 18501 of 2025 … RESPONDENTS [BY SRI. C. VINAY SWAMY, ADVOCATE FOR R1; V/O DATED 26.06.2025, ISSUE NOTICE TO OTHER RESPONDENT IS DEFFERED FOR THE PRESENT (R2 TO R11)] THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED SALE NOTICE DATED 27.05.2025 ISSUED BY THE 1ST RESPONDENT AS PER ANNEXURE-C AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed calling in question the validity of Sale Notice at Annexure-'C' dated 27.05.2025 issued by respondent No.1 Bank. The petitioner has also sought for a direction to respondent No.1 to release the documents relating to Item Nos.1 and 2 in favour of the petitioner. Further direction is sought against respondent No.1 not to dispossess the occupants from the schedule premises. 2. Sri C. Vinay Swamy, learned counsel appearing for the respondent Bank files a memo and submits that - 5 - HC-KAR NC: 2025:KHC:25954 WP No. 18501 of 2025 the Sale Notice dated 27.05.2025 was not taken to its logical end and was abandoned. 3. In light of the same, the question of adjudication of Sale Notice dated 27.05.2025 does not arise. All contentions of the petitioner are kept open. If the petitioner is aggrieved by any action or measure under Section 13 of the SARFAESI Act, it is always open for the petitioner to avail of the substantive remedy before the Debts Recovery Tribunal. 4. Insofar as the plea of the petitioner that the petitioner needs to be given extract of his loan account from the date of reopening of loan account till date, learned counsel appearing for respondent Bank submits that, if the petitioner were to make out a request, the same would be considered by the respondent Bank forthwith. Said submission is placed on record. 5. Insofar as the apprehension of petitioner that the respondent Bank may initiate proceedings to evict the - 6 - HC-KAR NC: 2025:KHC:25954 WP No. 18501 of 2025 petitioner, the respondent Bank is directed not to take any precipitative steps for a period of three weeks from today. 6. Needless to state that the time spent before this Court is to be taken note of appropriately by the Tribunal, if the same is brought to its notice while calculating the period of limitation. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR