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2026 DAILYLAW 10477 (KAR)

VISHWANATH H R v. THE MANAGER CANARA BANK

WP/8018/2026 · 2026-03-11

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:14669 WP No. 8018 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8018 OF 2026 (GM-DRT) BETWEEN: 1. VISHWANATH H.R., S/O RAMACHANDREGOWDA H.D, AGED ABOUT 55 YEARS, HEDADALU, KUDUVALLY POST, CHIKKAMAGALAURU TALUK AND DISTRICT-577 133 2. JAGANATHA H.R. S/O RAMACHANDRE GOWDA H.D, AGED ABOUT 52 YEARS, HEDADALU, KUDUVALLY POST, CHIKKAMAGALAURU TALUK AND DISTRICT-577 133 …PETITIONERS (BY SRI. GIRISH B BALADARE, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14669 WP No. 8018 of 2026 AND: THE MANAGER CANARA BANK ARM BRANCH, VIDYANAGAR DAVANAGERE-577 005 …RESPONDENT (BY SMT.VELANGANNI C., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT DIRECTIONS OR ORDER QUASHING THE ANNEXURE -A THAT IS THE SALE NOTICE DATED 20-02-2026 REF 7902/ ARMB01521SN/CKM-09/2025-26 FOR E-AUCTION OF IMMOVABLE PROPERTY SCHEDULED ON 07-04-2026 ISSUED BY THE RESPONDENT BANK I.E., THE MANAGER, CANARA BANK, ARM BRANCH, VIDYANAGAR, DAVANGERE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:14669 WP No. 8018 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore the petitioners respectfully prayed that this Hon'ble Court may be pleased to: a) Issue writ of certiorari or any other appropriate writ, directions or order quashing the Annexure-A that is the Sale notice dated 20.02.2026 Ref 7902/ARMBD/52/SN/CKM-09/2025-26 for E-auction of immovable property scheduled on 07.04.2026 issued by the respondent Bank i.e., the Manager, Canara Bank, ARM Branch, Vidyanagar, Davanagere, in the interest of justice and equity. b) Grant such others relief's as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. What is questioned before this Court is the notice under Section 13(4) of the SARFAESI Act read with Rule 8(6) of the Security Interest (Enforcement) Rules, 2002. The petitioners have an effective alternative remedy before the Debt Recovery Tribunal. 3. It is submitted by learned counsel appearing for the respondent/Canara Bank that the Bank has already initiated proceedings by filing an O.A.(Original Application) before the Debt Recovery Tribunal. - 4 - HC-KAR NC: 2026:KHC:14669 WP No. 8018 of 2026 4. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to avail the appropriate remedy. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 32