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2025 DAILYLAW 78352 (KAR)

M/S SAPTHAGIRI CONSTRUCTIONS v. THE AUTHORIZED OFFICER

WP/23897/2021 · 2025-08-06

R Nataraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30499 WP No. 23897 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 23897 OF 2021 (GM-RES) BETWEEN: 1. M/S SAPTHAGIRI CONSTRUCTIONS, PROP. SRI. D.S. MOHAN, S/O LATE D SUBRAMANYA NAIDU, AGED 45 YEARS, OFFICE AT NO. 70, BALAJINAGAR, SUBRAMANYAPURA POST, UTTARAHALLI, BANGALORE - 560061. 2. SRI.D.S. MOHAN, S/O LATE D SUBRAMANYA NAIDU, AGED 45 YEARS, BOTH RESIDING AT NO. 70, BALAJINAGAR, SUBRAMNAYAPURA POST, UTTARAHALLI, BANGALORE - 560061. 3. SMT. MEENA W/O SRI.D.S. MOHAN, AGED 35 YEARS, BOTH RESIDING AT NO. 70, BALAJINAGAR, SUBRAMANYAPURA POST, UTTARAHALLI, BANGALORE - 560061. …PETITIONERS (BY SMT. SANDHYA U PRABHU, ADVOCATE) AND: THE AUTHORIZED OFFICER, BANK OF BARODA, ZONAL OFFICE, VIJAYA TOWERS, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30499 WP No. 23897 of 2021 2ND FLOOR, NO.41/2, TRINITY CIRCLE, MG ROAD, BANGALORE - 560001 …RESPONDENT (BY SRI.VIGNESH SHETTY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DTD.19.11.2021 VIDE ANNEXURE-D BEARING NO.BOB/BRIGADE/E- A/08/2020-21 ISSUED BY THE RESPONDENT BANK IN RESPECT OF SCHEDULE PROPERTY AND ITS CONSEQUENTIAL ACTION IN RESPECT OF SCHEDULE PROPERTY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an auction sale notice dated 19.11.2021 issued under Rule 6(2) and Rule 8(6) of the Securitization and Reconstruction of Financial Assets and Enforcement of the Security Interest Act, 2002 (for short 'the SARFAESI Act'). 2. This Court had granted an interim order subject to the petitioner depositing 30% of the amount. It is now stated by the learned counsel for the respondent/bank that the petitioner has not deposited the amount as per the interim order dated - 3 - HC-KAR NC: 2025:KHC:30499 WP No. 23897 of 2021 23.12.2021 and the respondent/bank had concluded the auction sale on 30.05.2022. 3. Since the learned counsel for the petitioner is not present, this writ petition stands dismissed for non prosecution. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 7