M/S. HOME PLUS ENTERPRISES v. THE AUTHORIZED OFFICER
WP/17180/2022 · 2025-08-14
Anu Sivaraman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70585 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70585 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31693 WP No. 17180 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. 17180 OF 2022 (GM-RES) BETWEEN:
1.
M/S. HOME PLUS ENTERPRISES DOOR NO. 3-326, GROUND FLOOR, PLAMA CASTLE, BAJPE, MANGALURU-574 142, MANUFACTURING BAGS AND OTHER LEATHER ITEMS PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR, MR. MAHAMMED ALI, S/O. MR. T. M. IDDINABBA, AGED ABOUT 50 YEARS, PROPRIETOR M/S. HOME PLUS ENTERPRISES, RESIDING AT DOOR NO.2-29, MUSHFIQ MANZIL, ILLENJARU, KUPPEPADAVU, MANGALURU-574 144.
2.
MRS. NASEEMA. K W/O. MR. MOHAMMED ALI, AGED ABOUT 42 YEARS, PROPRIETOR M/S. ARFA ENTERPRISES, RESIDING AT DOOR NO. 2-29, MUSHFIQ MANZIL, ILLENJARU, KUPPEPADAVU, MANGALURU-574 144. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31693 WP No. 17180 of 2022 …PETITIONERS (BY SRI. K SHASHIKANTH PRASAD.,ADVOCATE) AND:
THE AUTHORIZED OFFICER AND RECOVERY OFFICER, CANARA BANK, BUNDER BRANCH, MANGALURU-575 001. …RESPONDENT (BY SMT.PREETHI.R, ADVOCATE FOR SRI. SHETTY VIGNESH SHIVARAM.,ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE NOTICE DTD 06.08.2022 ISSUED BY THE RESPONDENT BANK ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN ORAL JUDGMENT
Learned counsel for the respondent submits that an interim order was granted on 01.09.2022 staying the further proceedings subject to payment of 30% of the amount in demand.
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HC-KAR NC: 2025:KHC:31693 WP No. 17180 of 2022
2. The said order has not been complied with by the petitioners.
3. In view of the fact that the writ petition is filed on 23.08.2022 and since the conditions for grant of interim dated 01.09.2022 have not been complied with, no stay of recovery is in force.
4. In the above view of the matter and in view of the submission made by learned counsel for the respondent that interim order has not been complied with, I am of the view that nothing survives for consideration in this writ petition.
Writ petition is accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE NG List No.: 1 Sl No.: 43