- 1 - HC-KAR NC: 2025:KHC:53325 WP No. 31753 of 2025 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. 31753 OF 2025 (GM-DRT) BETWEEN: SRI NAGARAJU N S/O LATE NARAYANASWAMY, AGED ABOUT 69 YEARS, R/AT UDAMALODU VILLAGE, KADALAVENI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI. JAGADISH J. R., ADVOCATE) AND: CANARA BANK HI-TECH AGRICULTURAL FINANCE BRANCH, ACCOUNT SECTION, KRISHI BHAVAN, NRUPATHUNGA ROAD, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53325 WP No. 31753 of 2025 HUDSON CIRCLE, BENGALURU-560002 REP. BY ITS AUTHORIZED OFFICER, MR. VIKASH KUMAR. …RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A. DECLARE THAT THE SALE NOTICE DATED 24/09/2025 AS PER ANNEXURE-A IS BAD IN LAW AN QUASH THE SAME; B. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT BANK TO OPEN M/S. SRIKANTESHWARA POULTRY BREEDING FARM BY HOLDING THAT TAKING POSSESSION IS BAD IN LAW 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:53325 WP No. 31753 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “For the reasons stated above it is prayed that this Hon’ble Court may kindly be pleased to: i. Declare that the sale notice dated 24.09.2025 as per Annexure-A is bad in law and quash the same. ii. Issue a writ in the nature of mandamus directing the respondent/bank to open petitioner’s firm M/s. Srikanteshwara Poultry breeding farm by holding that taking possession is bad in law. iii. Issue a writ of certiorari and quash the order dated 11.11.2024 passed in Crl.Misc.No.53/2024 by the Hon’ble Principal Senior Civil Judge and CJM, at Chikkaballapura, which is produced as Annexure-B in so far petitioner concern only. iv. Pass such other order or direction that this Hon’ble Court deems fit to pass in the circumstances of the case.” 2. When this matter came up before this Court on 08.12.2025, this Court had passed an order recording the submission of the learned counsel for the petitioner which reads thus: - 4 - HC-KAR NC: 2025:KHC:53325 WP No. 31753 of 2025 “The petitioner had approached the bank for regularizing the account and the bank is not coming forward. Learned counsel for the respondent/bank submits that for regularizing the account, the amount that needs to be paid is an amount of Rs.47,05,000/-. It is submitted that the bank has filed a suit and also initiated proceedings under the SARFAESI Act.” Then, this Court had passed an order observing that: “The petitioner shall file an affidavit before this Court when he will be paying an amount of Rs.47,05,000/-. The first installment shall be in the month of December 2025, the second installment shall be in the month of January 2026 and the third installment shall be in the month of February 2026. In the third installment, the incidental expenses that are incurred by the bank shall be paid by the petitioner”. 3. Today when this matter came up before this Court, learned counsel for the petitioner submits that as per the order dated 08.12.2025, the petitioner had filed the affidavit. As per the affidavit, the petitioner is paying an amount of Rs.2,00,000/- through the DD bearing No.628168 dated 12.12.2025 drawn on State Bank of India, Gowribidanur Branch and the same is handed over to the learned counsel appearing for the bank before this Court. It is also undertaken that he is ready to make further payment of an amount of Rs.15,00,000/- - 5 - HC-KAR NC: 2025:KHC:53325 WP No. 31753 of 2025 on or before 31.12.2025, another amount of Rs.15,00,000/- on or before 31.01.2026 and the remaining amount with incidental charges on or before 28.02.2026. 4. Learned counsel for the respondent/bank submits that the petitioner may be directed to pay the entire amount by December 2025 itself, but not till February 2026. 5. Having heard the learned counsels on either side and taken into consideration the affidavit that is filed before this Court dated 15.12.2025, this Court is passing the following: ORDER i. Accordingly the writ petition is allowed by setting aside the order impugned dated 11.11.2024 passed in Crl.Misc.No.53/2024 by the Principal Senior Civil Judge and CJM at Chikkaballapura. ii. The petitioner shall pay an amount of Rs.15,00,000/- on or before 31.12.2025, another Rs.15,00,000/- on or before 31.01.2026 - 6 - HC-KAR NC: 2025:KHC:53325 WP No. 31753 of 2025 and the remaining amount with incidental charges, if any by 28.02.2026. iii. If the petitioner fails to pay any of the installments, the respondent/bank is at liberty to proceed further without further reference to the Court. iv. On payment of the first installment of an amount of Rs.15,00,000/-, the possession shall be re- delivered to the petitioner. If he fails to pay any of the amount as per the order passed by this court, the bank is at liberty to take steps and take the possession of the property. v. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN CT:bms List No.: 1 Sl No.: 41