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2025 DAILYLAW 57202 (KAR)

SRI MUTHAPPA N M v. CANARA BANK

WP/1867/2025 · 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:25828 WP No. 1867 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. 1867 OF 2025 (GM-RES) BETWEEN: 1. SRI MUTHAPPA N M S/O SRI MUTHANNA N S AGED ABOUT 50 YEARS R/AT NO.11, SIDDALINGAPURA VILLAGE KUSHALANAGARA TALUK KODAGU DISTRICT - 571 234 2. SRI MUDDAPPA N M S/O SRI MUTHANNA N S AGED ABOUT 50 YEARS R/AT NO.35 12TH CROSS C ROAD IDEAL HOMES RAJARAJESHWARI NAGARA BANGALORE - 560 098 … PETITIONERS (BY SRI. H V MANJUNATHA., ADVOCATE) AND: 1. CANARA BANK GUDUGALLALE BRANCH SHANIVARASANTHE KARNATAKA - 571 235 Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25828 WP No. 1867 of 2025 REPRESENTED BY ITS AUTHORISED OFFICER … RESPONDENT (BY SRI. VIGNESH SHETTY., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH IMPUGNED SALE NOTICE ISSUED UNDER SECTION 13(4) OF SARFAESI ACT, 2002 READ WITH RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, DATED 19/12/2024 IN RESPECT OF PETITIONER'S PROPERTY AS PER ANNEXURE-A BY THE RESPONDENT BY ALLOWING IN THIS WRIT PETITION AND ETC. THIS PETITION COMING ON IN THE FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has challenged the sale notice under Section 13(4) of the SARFAESI Act. 2. Learned counsel for the respondent - Bank submits that the sale notice could not be taken to its logical end. 3. In light of the said submission, petition is disposed off as not calling for any adjudication. In the event any action is taken by the respondent - Bank, it is - 3 - HC-KAR NC: 2025:KHC:25828 WP No. 1867 of 2025 open for the petitioner to take recourse to substantive remedy under Section 17 of the SARFAESI Act. Sd/- (S SUNIL DUTT YADAV) JUDGE VP