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2025 DAILYLAW 79100 (KAR)

M/S. STAR BREEDING FARM v. THE AUTHORIZED OFFICER

WP/32523/2025 · 2025-10-30

Lalitha Kanneganti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:43565 WP No. 32523 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 32523 OF 2025 (GM-DRT) BETWEEN: M/S. STAR BREEDING FARM THROUGH ITS PROPRIETOR SRI. AMEERUL SHABAZ, AGED ABOUT 46 YEARS, S/O N.R.MOHAMMED GHOUSE, HAVING OFFICE NEAR HANIF MASJID, NAGAMANGALA, KARNATAKA – 571 432, PROPRIETORSHIP CONCERNED. …PETITIONER (BY SRI. RUDRABHUSHAN C.B., ADVOCATE) AND: THE AUTHORIZED OFFICER CANARA BANK, HAVING OFFICE AT ARM BRANCH-II, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43565 WP No. 32523 of 2025 2ND FLOOR, CIRCLE OFFICE, SPENCER TOWERS, NO.86, M.G.ROAD, BENGALURU – 560 001. REPRESENTED BY ITS CHIEF MANAGER CHANDRASHEKAR YADAV. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE IMPUGNED DEMAND NOTICE DATED 20.08.2025 VIDE ANNEXURE-A BEARING REF:6298/SARFAESI/ARM II/550/2025-26 WITH RESPECT TO PETITIONER AND PASS ANY SUCH ORDER OR DIRECTION AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:43565 WP No. 32523 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayers: “a) Issue a writ of certiorari and quash/set aside the impugned Demand Notice dated 20.08.2025 vide ANNEXURE-A; bearing Ref:6298/SARFAESI/ARM II/550/2025-26; with respect to petitioner. b) Pass any such order or direction as deemed fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. In this writ petition, the petitioner has questioned the demand notice dated 20.08.2025 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for short). When once a notice is received, he has sent the objections on 16.10.2025. The bank shall give the reply under Section 13(3A) of the SARFAESI Act within 15 days. Now, even before the time has elapsed, petitioner has filed the writ petition on 25.10.2025. Different contentions are raised before this Court that it is an agricultural land, there is a bar for initiating proceedings under the SARFAESI Act. - 4 - HC-KAR NC: 2025:KHC:43565 WP No. 32523 of 2025 3. When the statute stipulates certain procedure to be followed, when the Bank has issued a notice under Section 13(2), when he has filed his objections, if the Bank fails to follow the procedure contemplated under the Act and takes any coercive steps, then the cause of action will arise to the petitioner. The writ petition as it is filed now is a premature writ petition and these kinds of petitions this Court cannot entertain. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE CBC List No.: 2 Sl No.: 20