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2025 DAILYLAW 57982 (KAR)

SRI G SHRIDHAR v. AUTHORISED OFFICER

WP/23934/2021 · 2025-07-28

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28873 WP No. 23934 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 23934 OF 2021 (GM-RES) BETWEEN: SRI G SHRIDHAR S/O LT GURAPPA & OTHERS AGED ABOUT 46 YEARS RESIDING AT BOG CAMP, LAKKAVALLI 577128 TARIKERE TALUK. …PETITIONER (BY SRI. SATHYANARAYANA GOPAL RAO, ADVOCATE SRI. SHANKARA R. ADVOCATE) AND: AUTHORISED OFFICER CANARA BANK LAKKAVALLI - 577128 TARIKERE TALUK. …RESPONDENT (BY SRI. T P MUTHANNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD FROM THE RESPONDENT TO ASSESS THE CORRECT POSITION DIRECT THE RESPONDENT TO WITHHOLD OR TO PUT OFF ANY FURTHER RECOUNT PROCESS AS CONTEMPLATED IN THE POSSESSION NOTICE SUPRA AND ETC Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28873 WP No. 23934 of 2021 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged a possession notice issued by the respondent in exercise of his powers under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'). 2. In view of the judgment of the Hon'ble Apex Court in the case of United Bank of India v. Satyawati Tondon and Others - (2010) 8 SCC 110, the writ petition is not maintainable. 3. In that view of the matter, this petition is dismissed. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 34