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2025 DAILYLAW 91734 (KAR)

SMT. LAKSHMAMMA v. BANK OF INDIA

WP/33594/2025 · 2025-11-10

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46071 WP No. 33594 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 33594 OF 2025 (GM-DRT) BETWEEN: 1. SMT. LAKSHMAMMA W/O VENKATESH, AGED ABOUT 55 YEARS, R/AT 574/1/31-C, SINGAPURA VILLAGE, VIDYARANYAPURA POST, BENGALURU- 560097 2. SRI.VENKATESH S.N., S/O NANJAPPA AGED ABOUT 60 YEARS R/AT 574/1/31-C, SINGAPURA VILLAGE, VIDYARANYAPURA POST, BENGALURU- 560097 …PETITIONERS (BY SRI. P.N. NANJA REDDY, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46071 WP No. 33594 of 2025 AND: BANK OF INDIA REPTD., BY ITS AUTHORISED OFFICER, BENGALURU ZONE NO.-11, KEMPEGOWDA ROAD, BENGALURU- 560 009. …RESPONDENT (BY SRI.M.MOHAMED IBRAHIM, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE E- AUCTION SALE NOTICE DATED 15.10.2025 BEARING NO. BZO/ARD/SALE NOTICE 2025-26/RA/44 ISSUED BY THE R1 (ANNEXURE-C) AS THE SAME IS ILLEGAL ARBITRARY AND CONTRARY TO THE PROVISION OF SARFAESI ACT, 2002 AND ALSO IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46071 WP No. 33594 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, the petitioner most respectfully pray this Hon’ble Court may be pleased to grant the following reliefs: a) Issue a writ of certiorari, or any of the other appropriate writ, Order quashing the E- Auction Sale Notice dated 15.10.2025 bearing No.BZO/ARD/Sale Notice-2025- 26/RA/44 issued by the 1st respondent (Annexure-C) as the same is illegal, arbitrary and contrary to the provisions of SARFAESI Act, 2002 and also in violation of principles of natural justice. b) Issue a writ of mandamus or any other appropriate writ, or order or direction directing the respondent to grant all the consequential benefits consequent upon quashing the orders at Annexure-C.” 2. Learned counsel appearing for the respondent/bank submits that the writ petition is filed questioning the sale notice dated 15.10.2025 and as per his instructions the sale notice - 4 - HC-KAR NC: 2025:KHC:46071 WP No. 33594 of 2025 dated 15.10.2025 is withdrawn by the respondent/bank. Hence, nothing survives for consideration in this writ petition. 3. Considering the fact that the writ petition is filed questioning the sale notice dated 15.10.2025 and as per the instructions the said notice itself is withdrawn, nothing survives for consideration in this writ petition. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in the writ petition shall stand closed. Sd/- ________________________ JUSTICE LALITHA KANNEGANTI BN List No.: 1 Sl No.: 33