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2025 DAILYLAW 74028 (KAR)

SRI A N VISHWANATH v. CANARA BANK

WP/22801/2025 · 2025-08-06

B M Shyam Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30602 WP No. 22801 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22801 OF 2025 (GM-RES) BETWEEN: SRI A N VISHWANATH S/O. KNANJAPPA, AGED ABOUT 49 YEARS, KOPPAL ROAD, BELELE VILLAGE AND POST, PONNAMPET TALUK, KODAGU-571 219. …PETITIONER (BY SRI. SAMPATH BAPAT.,ADVOCATE) AND: 1. CANARA BANK BALELE BRANCH, PONNAMPET TALUK, KODAGU DISTRICT-571 219. 2. AUTHORISED OFFICER, CANARA BANK, BALELE BRANCH, PONNAMPET TALUK, KODAGU DISTRICT-571 219. …RESPONDENTS (BY SRI. VINAY BHAT.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30602 WP No. 22801 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT MORE PARTICULARLY A WRIT OF CERTIORARI QUASHING THE AUCTION NOTICE DATED 07.07.2025 ISSUED BY THE R2 UNDER SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 R/W RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULE, 2002 VIDE ANNEXURE -D AS ARBITRARY AND ILLEGAL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER Sri Vinay Bhat, a learned counsel who is permitted to accept notice for the respondents, invites this Court's attention to the impugned Auction Notice dated 07.07.2025 and submits that the sale under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, the 'SARFAEASI Act'] was - 3 - HC-KAR NC: 2025:KHC:30602 WP No. 22801 of 2025 scheduled to be held on 30.07.2025, but it is not held as no bids were received. Indeed, the petition is rendered infructuous and stands disposed of accordingly observing that if there is any further proceeding by the respondents, the petitioner must necessarily avail remedy under Section 17 of the SARFAEASI Act. Sd/- (B M SHYAM PRASAD) JUDGE NV