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2026 DAILYLAW 13307 (KAR)

SRI T SURESH GOWDA v. EDEWEISS ARC LTD

WP/21925/2021 · 2026-04-09

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19880 WP No. 21925 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21925 OF 2021 (GM-DRT) BETWEEN: 1. SRI. T SURESH GOWDA, S/O SRI M THIMME GOWDA, AGED ABOUT 52 YEARS, RESIDING AT NO.65, VANIVILAS ROAD, BASAVANAGUDI, BANGALORE - 560 001. 2. SRI. M THIMME GOWDA, S/O SRI MOTHE GOWDA, AGED ABOUT 75 YEARS, RESIDING AT NO.65, VANIVILAS ROAD, BASAVANAGUDI, BANGALORE - 560 004. …PETITIONERS (BY SRI. BEERESHA C., ADVOCATE FOR SRI. SANTOSH S GOGI.,ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19880 WP No. 21925 of 2021 AND: 1. EDELWEISS ARC LTD., EDELWEISS HOUSE, OFF CST ROAD, KALIMA, MUMBAI - 400 098. 2. THE RECOVERY OFFICER II, DEBTS RECOVERY TRIBUNAL II, 2ND FLOOR, LIC JEEVAN MANGAL BUILDINGS, NO.4, RESIDENCY ROAD, BENGALURU - 560 025. …RESPONDENTS (BY SRI.VIGNESH SHETTY.,ADVOCATE FOR R1; R2 SERVED & UNREPRESENTED) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SALE PROCLAMATION DTD.22.10.2011 ISSUED BY THE RECOVERY OFFICER-II DEBTS RECOVERY TRIBUNAL II BENGALURU IN R.C.NO.2645/2017 (a) ANNEXURE-A . THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:19880 WP No. 21925 of 2021 ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, the petitioner prays that this Hon’ble Court may be pleased to: i) issue a writ of certiorari or any other writ, order or direction quashing the sale proclamation dated 22.10.2021 issued by the Recovery Officer- II, Debt Recovery Tribunal-II, Bengaluru, in R.C.No.2645/2017 (a) (Annexure A); ii) Grant such other order and further reliefs as this Hon’ble Court deems fit and proper, in the interest of justice." Learned counsel for the petitioner submits that the loan account is closed and sale proclamation is set aside in view of the settlement, hence nothing survives for consideration. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 43