M/S ROOPESH PROVISION STORES v. THE AUTHORIZED OFFICER
WP/3107/2026 · 2026-03-16
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 12242 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 12242 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15502 WP No. 3107 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 3107 OF 2026 (GM-DRT)
BETWEEN:
M/S ROOPESH PROVISION STORES S/O NARASAIAH AGED ABOUT 54 YEARS R/AT NO.2345, 1ST STAGE DEVANNUR LAYOUT, NR. MOHALLA MYSURU-570 019 REP. BY SRI RANGAWAMY …PETITIONER (BY SRI. MURALI N., ADVOCATE)
AND:
1.
THE AUTHORIZED OFFICER ARKA FINCAP LIMITED HAVING ITS OFFICE REGISTERED AT NO.2504, ONE LODHA PALACE S.B.MARG, LOWER PAREL MUMBAI-400 013 ALSO, HAVING ITS BRANCH OFFICE
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:15502 WP No. 3107 of 2026
AT WEKREATE SPACE, NO.658, 2ND FLOOR, MIG-12, BLOCK NO.9 VISHWAMANAVA DOUBLE ROAD SARASWATHIPURAM MYSURU-570 006.
REP. BY ITS MANAGER
2.
SRI.MOHAMMED ARSHAD AGED: MAJOR S/O OF LATE KHALEELUR RAHAMAN NO. 4828, THYAGRAJ COLONY, NANJANGUD (RURAL) MYSORE -571 301 …RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-QUASH THE IMPUGNED SALE CERTIFICATE DATED 03.02.2025 ISSUED BY THE R1 BANK AT ANNEXURE-A AND DIRECT THE R1 BANK TO ADHERE TO ITS LETTER DATED 27.12.2024 ON RECEIPT OF RS.
40,00,000/- FROM THE PETITIONER TO FORECLOSE THE LOAN AT ANNEXURE-K1.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:15502 WP No. 3107 of 2026
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER The present writ petition is filed seeking the following prayer:
"Wherefore, the petitioner respectfully prays that this Hon'ble Court may be pleased to: a) Issue a writ of certiorari quashing the impugned Sale Certificate dated 03.02.2025 issued by the respondent No.1 Bank at Annexure-A. b) issue a writ of mandamus directing the respondent No.1 Bank to adhere to its letter dated 27.12.2024 on receipt of Rs.40,00,000/- from the petitioner to foreclose the loan at Annexure-K1. c) Grant such other and further reliefs as this Hon'ble Court deems fit in the interests of justice and equity."
2. The petitioner has questioned the Sale Certificate dated 03.02.2025. It is stated that they have already questioned the sale notice issued by the Bank and the same is
disposed of on the ground of limitation.
3. If the petitioner is aggrieved by any of the action taken by the Bank, particularly issuing the Sale Certificate, its
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HC-KAR NC: 2026:KHC:15502 WP No. 3107 of 2026
remedy is not before this Court and it is before the DRT. In that view of the matter, this Court is passing the following:
ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy in accordance with law. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed.
Sd/- (LALITHA KANNEGANTI) JUDGE
PKN List No.: 1 Sl No.: 30