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2025 DAILYLAW 75157 (KAR)

SM SHANTHAMANI v. CANARA BANK

WP/23601/2023 · 2025-07-11

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:25587 WP No. 23601 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 23601 OF 2023 (GM-RES) BETWEEN: SMT. SHANTHAMANI, W/O R DEEPAK, AGED ABOUT 42 YEARS, RESIDING AT NO. 220, 17TH MAIN, D BLOCK, RAMABAI NAGARA, JP NAGAR, 1ST STAGE, MYSURU 570 008. …PETITIONER (BY SRI. KUMARA K G., ADVOCATE) AND: CANARA BANK, SOUTH INDUSTRIAL SUBURB BRANCH, MYSURU 570 018. REPRESENTED BY CHIEF MANAGER. …RESPONDENT (BY SRI. VIKRAM UNNI RAJAGOPAL., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ACTION DTD 20.09.2023 VIDE BEARING NO.MYS/RO/SALE NOTICE/7961/q2/27/2023-24 ISSUED BY THE RESPONDENT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25587 WP No. 23601 of 2023 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned counsel for the respondent submits that the sale notice which was challenged is a grievance that does not survive for consideration as the sale notice dated 20.09.2023 has not fructified into an auction sale. 2. In light of the same, petition is disposed off as not calling for adjudication while making it clear in the event of any measure under Section 13 of the SARFAESI Act of the Bank, the remedy available to the petitioner is to avail of substantive statutory remedy under Section 17 of the SARFAESI Act. Sd/- (S SUNIL DUTT YADAV) JUDGE SHS/List No.: 1 Sl No.: 4