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2025 DAILYLAW 88470 (KAR)

M/S RAMESH SILVER METAL WORKS v. M/S UNION BANK

WP/8069/2024 · 2025-11-07

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46057 WP No. 8069 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8069 OF 2024 (GM-DRT) BETWEEN: M/S. RAMESH SILVER METAL WORKS PROPRIETORSHIP HAVING ITS OFFICE AT: NO.11/1, 13TH MAIN, CUBBONPET, NEAR MYSURU BANK CIRCLE, BANGALORE – 560002 REP. BY ITS PROPRIETOR SRI RAMESH V AGED ABOUT 49 YEARS, S/O LATE SRI VARADAPPA, R/AT NO.415, 9TH ‘D’ MAIN ROAD, 5TH B CROSS, YELLAMMA TEMPLE, SRINIVASA NAGAR, BANGALORE - 560 050. …PETITIONER (BY SRI. NARENDRA S., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46057 WP No. 8069 of 2024 AND: M/S. UNION BANK REP. BY ITS AUTHORIZED OFFICER/ CHIEF MANAGER, NO.21, MSRE ROAD, MATHIKERE BRANCH BANGALORE - 560054. …RESPONDENT (BY SMT. LAKSHMI K., ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH E- AUCTION NOTICE ARB/306/SN30/25/2023-24 DATED 26/02/2024 AS PER ANNEXURE-H AS ILLEGAL AND OPPOSED TO LAW IN SO FAR CONCERN PETITIONER. 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:46057 WP No. 8069 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, the petitioner herein prays that this Hon’ble Court be pleased to issue writ order or orders by granting the following reliefs. a. Issue writ of certiorari by quashing E-Auction notice ARB/306/SN30/25/2023-24 dated 26.02.2024 as per Annexure ‘H’ as illegal and opposed to law, in so far concerned petitioner. b. Grant such other relief/s as the situation demands with cost in the interest of justice and equity.” 2. The Co-ordinate Bench of this Court on 14.03.2024 had granted stay on the condition that the petitioner shall deposit 10% of the outstanding amount within a period of four weeks from the date of order. Remaining 10% shall be paid within four weeks, thereafter. Any deviation in paying the amount within the timeline as stipulated, even of the first instance, would entail vacation of the interim order and would also run the risk of dismissal of the petition itself. - 4 - HC-KAR NC: 2025:KHC:46057 WP No. 8069 of 2024 3. Today, the petitioner had filed an undertaking affidavit before this Court. It is stated that as per the order of the Court he had deposited an amount of Rs.4,00,000/- on 30.03.2024 and another sum of Rs.4,00,000/- on 06.05.2024 and now the outstanding amount of Rs.39,00,000/- is due and they are ready to pay the same within three months from today. 4. Learned counsel for the respondent/bank submits that there may be a direction to the petitioner to clear the entire amount within two months. It is submitted that whatever the incidental expenses or the interest that accrued, they will be informing the petitioner when he has to pay the last installment and along with that the petitioner shall pay the outstanding amount. 5. Having heard the learned counsel on either side, perused the material on record. Considering the undertaking affidavit that is filed before this Court, where the petitioner is ready to clear the entire outstanding amount within a period of three months, this Court is passing the following: - 5 - HC-KAR NC: 2025:KHC:46057 WP No. 8069 of 2024 ORDER i. The petitioner shall pay an amount of Rs.39,00,000/- in three installments i.e., Rs.13,00,000/- each. ii. First installment shall be paid on or before 07.12.2025, second installment shall be paid on or before 07.01.2026 and the third installment shall be paid on or before 07.02.2026. iii. By 31.12.2025, the respondent/bank shall inform the petitioner with regard to the other miscellaneous expenses/interest that has to be paid along with the third installment. iv. If the petitioner fails to pay any of the installments, immediately the respondent/bank is at liberty to initiate further proceedings. v. After the entire outstanding amount is cleared by the petitioner, the respondent/bank shall issue the loan clearance certificate and shall also return the title documents. - 6 - HC-KAR NC: 2025:KHC:46057 WP No. 8069 of 2024 vi. Accordingly, the writ petition is disposed of. vii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN CT:bms List No.: 5 Sl No.: 1