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2025 DAILYLAW 61462 (KAR)

MR HANAMANT GOOLAPPA PATTAR v. THE AUTHORISED OFFICER

WP/106050/2025 · 2025-11-20

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15976 WP No. 106050 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106050 OF 2025 (GM-RES) BETWEEN: 1. MR. HANAMANT GOOLAPPA PATTAR AGE ABOUT 42 YEARS, OCC: BUSINESS 2. M/S G.M. ENTERPRISES, REPT BY PROPRITOR MRS ROOPA HANAMANT PATTAR AGE ABOUT 38 YEARS, OCC: BUSINESS 3. M/S SURAJ FIBROTECH INDURSTRIES REPT BY PROPRITOR, MR. IRAPPA GOOLAPPA PATTAR AGE ABOUT 40 YEARS OCC: BUSINESS, ALL ARE RESIDING: R/A NO. 24, HARUSHA NILAYA, PLOT NO. 95B/10C/95C+4B/8 WARD NO. 34A, RAJEEV NAGAR NEAR NSSO BHAVAN, UNKAL VILLAGE, VIDYANAGAR, HUBBALLI, DIST: DHARWAD-5800031 …PETITIONERS (BY SRI. S.S. NIRANJAN, ADVOCATE) Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:15976 WP No. 106050 of 2025 AND: THE AUTHORISED OFFICER CANARA BANK, STATION ROAD 1ST FLOOR, JAIN BOARDING HUBBALLI DIST DHARWAD 580020 …RESPONDENT (BY SMT. SHRIYA S. KATAGIMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: a) ISSUE A WRIT OF CERTIORARI, QUASHING THE LETTER OF SALE NOTICE REF.ROHBL/SL/JULY/09/2025-2026 DATED 22-07-2025, ISSUED BY THE RESPONDENT-BANK VIDE ANNEXURE C b) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT - BANK TO CONSIDER THE REQUEST OF PETITIONERS FOR REGULARIZATION OF LOAN ACCOUNT OR GIVE SOME TIME TO PAY THE AUCTION SALE AMOUNT BY INSTALLMENTS AT ANNEXURE D DATED 28/07/2025. c) ANY OTHER APPROPRIATE WRIT OR DIRECTION THAT THIS HONBLE COURT DEEMS FIT AND PRAYER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15976 WP No. 106050 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer: a) Issue a writ of certiorari, quashing the letter of sale notice REF.ROHBL/SL/JULY/09/2025-2026 dated 22-07-2025, issued by the Respondent-Bank vide Annexure-C. b) Issue a writ of mandamus directing the Respondent-Bank to consider the request of petitioners for regularization of Loan Account or give some time to pay the auction sale amount by installments At Annexure D dated 28/07/2025. c) Any other appropriate Writ or direction that this Hon’ble court deems fit and prayer in the facts and circumstances of the case, in the interest of justice and equity. 2. On 21.08.2025, counsel Smt.Shreiya S. Katagimath was directed to accept notice and on 28.08.2025 the following order is passed: “1. Learned counsel for the petitioner has filed a memo indicating that the petitioner has deposited Rs.11,01,000/- with the respondent-Bank on 25.08.2025. Same is taken on record. 2. Learned counsel for the petitioner undertakes to make payment of further amount of Rs.9,51,000/- on or before 25.09.2025. 3. Relist on 8.10.2025 to ascertain if the payments have been made. 4. Interim order earlier granted is extended till next date of hearing.” - 4 - HC-KAR NC: 2025:KHC-D:15976 WP No. 106050 of 2025 3. Owing to the submission of the counsel for the petitioner, this Court extended the interim order on 28.10.2025. The amount has not been deposited even as on today. 4. In the light of the default by the petitioner, the petition does not deserve any indulgence. The petition is, therefore, disposed of, reserving liberty to the petitioner to avail of such remedy as is available in law, including any negotiation with the Bank. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RHR/-CT:ANB List No.: 1 Sl No.: 14