MR. K.S. MACHAIAH, v. THE BRANCH MANAGER CANARA BANK
WP/22845/2024 · 2025-11-11
Lalitha Kanneganti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 89332 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89332 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:45717 WP No. 22845 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22845 OF 2024 (GM-DRT) BETWEEN:
MR. K.S. MACHAIAH, S/O LATE K M SOMAIAH, AGED ABOUT 72 YEARS, R/AT KARMADU VILLAGE, KAVADI POST, VIRAJPET TALUK, KODAGU - 571 211. …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND:
THE BRANCH MANAGER CANARA BANK, AMMATHI BRANCH CHAMUNDI ARCADE, POLIBETTA ROAD, AMMATHI, KODAGU - 571 211 …RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE NOTICE DATED 13.08.2024 IN REF NO. SARFAES1/24-25 VIDE ANNEXURE-A AND THE SALE NOTICE DATED 23.07.2024 IN REF NO.ROMDK/0543/AUC/SALENOTICE/JUL_1/24-25 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURE-A1.
THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:45717 WP No. 22845 of 2024
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER The present writ petition is filed seeking the following prayer:
"(i) Issue a writ of certiorari to set aside the Notice dated 13.08.2024 in REF.No.SARFAESI/2024-25 vide Annexure-A and the Sale Notice dated 23.07.2024 in REF.No.ROMDK/0543/AUC/SALENOTICE/JUL_1 /2024-25 issued by the respondent bank vide Annexure-A1." (ii) Issue any other order or direction under the
facts and circumstances of the present case, to grant such other relief as this Hon'ble Court would deem fit to be granted, in the interest of justice and equity."
2. Learned counsel appearing for respondent/bank submits that on the date of auction, as no bidders turned up, the auction could not be conducted.
3. The relief that is sought by the petitioners is only with regard to sale notice dated 23.07.2024. As the
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HC-KAR NC: 2025:KHC:45717 WP No. 22845 of 2024
auction was not conducted, nothing survives for
consideration in this writ petition. Hence, this Court is passing the following:
ORDER (i) Accordingly, the writ petition is dismissed as infructuous. (ii) All I.As., in this writ petition shall stand closed.
Sd/- _________________________ JUSTICE LALITHA KANNEGANTI
SBN List No.: 1 Sl No.: 3