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2025 DAILYLAW 88939 (KAR)

M/S MAHALAKSHMI RICE MILL v. CANARA BANK

WP/35788/2024 · 2025-08-20

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32469 WP No. 35788 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35788 OF 2024 (GM-RES) BETWEEN: 1. M/S MAHALAKSHMI RICE MILL NO.107, YAGAVAKOTE VILLAGE, MURUGAMALLA HOBLI, YAGAVAKOTE VILLAGE AND POST, CHINTHAMANI TALUK,-563146. REPRESENTED BY ITS PROPRIETRIX, SMT.K.R.SRILAKSHMI (BORROWER). 2. SMT.K.R.SRILAKSHMI AGED AROUND 47 YEARS YAGAVAKOTE VILLAGE, MURUGAMALLA HOBLI YAGAVAKOTE VILLAGE AND POST, CHINTHAMANI TALUK,-563146 (BORROWER). …PETITIONERS (BY SRI. V MOHAN.,ADVOCATE (ABSENT)) AND: 1. CANARA BANK BASAVESHWARA ROAD BRANCH, SONA TOWERS, GROUND FLOOR, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32469 WP No. 35788 of 2024 BESIDES MANIPAL HOSPITAL, MILLERS ROAD, BENGALURU-560052. REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. RAJENDRA TRIPATHY (LENDER-BANKING COMPANY UNDER COMPANIES ACT, 1949-LENDER) 2. SRI. RAMESH.R. AGED AROUND 49 YEARS H.L.NO.196/285 AND 286, YAGAVAKOTE VILLAGE, MURUGAMALLA HOBLI, CHINTHAMANI TALUK 563146 (BORROWER/GUARANTOR). 3. SRI. VENKATA RANGAIAH SHETTY, S/O. MR.LAKSHMAIAH, AGED AROUND 63 YEARS NO.500, 9TH CROSS, RAJAJINAGAR, BENGALURU-560010 (GUARANTOR) …RESPONDENTS (BY SRI.VIGENSH SHETYY., ADVOCATE FOR C/R1; VIDE ORDER DATED 31.12.2024 NOTICE TO R2 & R3 IS DISPENSED WITH ) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE ORDER DATED 01/07/2024 (ANN-A) PASSED IN CR. MISC. 18/2024 PRL.SR.CIVIL JUDGE AND CJM AT CHIKKABALLAPUR U/S 14 OF SARFAESI ACT; ii) TO DECLARE EXECUTION OF ORDER DATED 01/07/2024 - 3 - HC-KAR NC: 2025:KHC:32469 WP No. 35788 of 2024 PASSED IN CR.MISC. NO. 18/2024 PRL.SR.CIVIL JUDGE AND CJM AT CHIKKABALLAPUR U/S 14 OF SARFAESI ACT (ANN-A) BY RESPONDENT BANK AS ILLEGAL AND CONSEQUENTLY GRANT POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER WITHOUT DELAY; iii) TO DIRECT THE RESPONDENT BANK TO CONSIDER THE REPRESENTATION FOLLOWING GOVERNMENT POLICIES AND RBI CIRCULARS EXTENDED TO MSME PRIORITY SECTOR AND SUCH ORDERS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER None appears for the petitioners, and Sri Vighnesh S Shetty, the learned counsel for the first respondent, while inviting this Court's attention to the order dated 31.12.2024, submits that the petitioners have not complied with the interim order as no amount is deposited. - 4 - HC-KAR NC: 2025:KHC:32469 WP No. 35788 of 2024 On perusal of the records, the petition stands dismissed for default. Sd/- (B M SHYAM PRASAD) JUDGE NV