MR SATHYANARAYANA SWAMY S B v. THE AUTHORIZED OFFICER
WP/17360/2022 · 2025-08-14
Anu Sivaraman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68302 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68302 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31695 WP No. 17360 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 17360 OF 2022 (GM-RES) BETWEEN:
MR SATHYANARAYANA SWAMY S B S/O MR. BUGGAPPA S AGED ABOUT 64 YEARS KAPPANAHALLI VILLAGE SHIKARPURA TALUK 577427 SHIVAMOGGA DISTRICT …PETITIONER (BY SRI. K SHASHIKANTH PRASAD.,ADVOCATE) AND:
THE AUTHORIZED OFFICER AND RECOVERY OFFICER, CANARA BANK, BRANCH MANAGER, KAPPANAHALLI BRANCH MANGALURU 577427 …RESPONDENT (RESPONDENT SERVED UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE E- AUCTION SALE NOTICE PUBLISHED IN NEW INDIA EXPRESS DAILY NEWS PAPER DTD 05.08.2022 ISSUED BY THE RESPONDENT BANK VIDE ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31695 WP No. 17360 of 2022
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN ORAL JUDGMENT
This writ petition is filed seeking the following relief:-
"Set aside the E-Auction Sale Notice published in New India Express Daily News Paper dated 05.08.2022 issued by the Respondent Bank. (Annexure-A)"
2. An Ad-interim order was passed on 03.09.2022.
3.
Learned counsel for the petitioner submits that the petitioner has complied with the interim order dated 03.09.2022 and further submits that the loan in question is a housing loan and that the petitioner is willing to pay the balance amount.
4. There is no appearance for the respondent.
5. In case the balance amount is paid by the petitioner in seven equal monthly instalments, further coercive steps against the petitioner shall be kept in abeyance. The first of the instalments shall fall due from 15th of September 2025 and the balance instalments shall be paid on or
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HC-KAR NC: 2025:KHC:31695 WP No. 17360 of 2022 before the corresponding dates of the subsequent month. However, it is made clear that in case of any default, the petitioner will lose the benefit of this judgment and the respondents will be at liberty to continue with the recovery proceedings from the stage at which they stand due.
6. With the above observation, the petition stands
disposed of. Sd/- (ANU SIVARAMAN) JUDGE NG List No.: 1 Sl No.: 45