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2025 DAILYLAW 82854 (KAR)

M/S. PRASIDDHI PROPERTIES PRIVATE LIMITED v. KARNATAKA BANK LTD.

WP/18811/2024 · 2025-12-15

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:53594 WP No. 18811 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18811 OF 2024 (GM-DRT) BETWEEN: 1. M/S. PRASIDDHI PROPERTIES PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANY ACT, REGISTERED OFFICE AT NO.2535, 1ST FLOOR, 9TH A CROSS, 13TH MAIN, E BLOCK, SAHAKARANAGAR, BENGALURU- 560 092. REPRESENTED BY ITS DIRECTOR, SRI K SUBRAMANYA RAJU, S/O LATE KONDULU CHENGAMMA RAJU, AGED ABOUT 66 YEARS. 2. SRI K SUBRAMANYA RAJU S/O LATE KONDULU CHENGAMMA RAJU, AGED ABOUT 66 YEARS, DIRECTOR OF M/S. PRASIDDHI PROPERTIES, PRIVATE LIMITD, REGISTERED OFFICE AT NO.2535, 1ST FLOOR, 9TH A CROSS, 13TH MAIN, E BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. 3. SMT. K NALINI W/O SRI K SUBRAMANYA RAJU, AGED ABOUT 56 YEARS, DIRECTOR OF M/S PRASIDDHI PROPERTIES, PRIVATE LIMITED, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53594 WP No. 18811 of 2024 REGISTERED OFFICE AT NO. 2535, 1ST FLOOR, 9TH ‘A’ CROSS, 13TH MAIN, E BLOCK, SAHAKARANAGAR, BENGALURU - 560 092. ...PETITIONERS (BY SRI. ASHWINKUMAR H., ADVOCATE) AND: 1. KARNATAKA BANK LTD. REGISTERED AND HEAD OFFICE, POST BOX NO. 599, MAHAVEERA CIRCLE, KANKANADY, MANGALURU - 575 002. REP. BY ITS CHIEF MANAGER. 2. KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH, 1ST FLOOR, FKCCI BUILDING, KEMPEGOWDA ROAD, BENGALURU - 560 009. REP. BY ITS CHIEF MANAGER. ...RESPONDENTS (BY SRI. NITHIN CHANDRA M., ADVOCATE FOR C/R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AUCTION SALE NOTICE DATED 01.07.2024 UNDER THE SARFAESI ACT 2022 ISSUED BY THE RESPONDENT BANK AS PER ANNX-B; DIRECT THE RESPONDENT BANK TO RE- SCHEDULE THE LOAN ACCOUNT OF THE PETITIONERS AND DIRECT TO STOP FURTHER PROCEEDINGS IN PURSUANCE OF THE SALE NOTICE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:53594 WP No. 18811 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayer: ”WHEREFORE, the petitioners most respectfully pray that this Hon'ble Court may be pleased to: i. Issue a Writ of Certiorari or any appropriate order by quashing the impugned Auction Sale Notice dated 01.07.2024, under the SARFAESI Act 2022, issued by the B, in the interest of respondent bank, as per Annexure justice and equity. ii. Issue a Writ of Mandamus or any appropriate order by directing the respondent bank to re-schedule the loan account of the petitioners and direct to stop further proceedings in-pursuance of the sale notice, in the interest of justice and equity. iii. Issue a Writ of Mandamus or any appropriate order by direct the respondent bank to furnish the details statement of loan account in connection with loan account of the petitioners, in the interest of justice and equity. iv. Issue a Writ of Mandamus or any appropriate order by directing the respondent bank to pay cost to the petitioners, in the interest of justice and equity. v. Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be grant under circumstances of the above writ petition, in the interest of justice and equity.” - 4 - HC-KAR NC: 2025:KHC:53594 WP No. 18811 of 2024 It is submitted that, the auction was conducted by the Bank and the same was upheld by the DRT. In that view of the matter this writ petition has become infructuous. Accordingly, the Writ petition is dismissed as infructuous. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 0