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2026 DAILYLAW 23214 (KAR)

M/S SHINEYU ENGINEERING TECHNOLOGIES PRIVATE LIMITED v. M/S CANARA BANK

WP/18367/2026 · 2026-06-22

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30716 WP No. 18367 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 18367 OF 2026 (GM-DRT) BETWEEN: M/S. SHINEYU ENGINEERING TECHNOLOGIES PRIVATE LIMITED HMT INDUSTRIAL ESTATE, GROUND FLOOR, A-09, JALAHALLI VILLAGE, HMT INDUSTRIAL ESTATE, HMT ESTATE, BENGALURU-560 013. REPRESENTED BY ITS DIRECTOR, MR. KAUSTUBHA S., S/O. SATHYANARAYANA M., AGED ABOUT 22 YEARS, R/AT NO.18, SWASTIDA, 3RD FLOOR, RENAISSANCE, HVV VALLEY LAYOUT J.B., BENGALURU NORTH, BENGALURU-560 015. PROPRIETOR OF SHINEYU ENGINEERING TECHNOLOGIES UNDER THE COMPANIES ACT 1956 …PETITIONER (BY SRI. D.R.RAVISHANKAR, SENIOR ADVOCATE FOR SMT. KAVITHA D., ADVOCATE) AND: M/S. CANARA BANK, [CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970] ASSET RECOVERY MANAGEMENT (ARM) II BRANCH, 2ND FLOOR, CIRCLE OFFICE, SPENCER TOWERS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30716 WP No. 18367 of 2026 NO.86, M.G. ROAD, BENGALURU-560001. REPRESENTED BY ITS AUTHORIZED OFFICER ALSO AT, M/S. CANARA BANK, NO.229 AND 511, BHANUMATHY COMPLEX, S.M. ROAD, NEAR AYYAPPA TEMPLE, T. DASARAHALLI, JALAHALLI, BENGALURU-560 062. REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. RANJAN KELKAR, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.D.R.Ravishankar., Senior counsel on behalf of Smt.Kavitha.D., for the petitioner and Sri.Ranjan Kelkar., counsel for caveator/ respondent have appeared in person. 2. The petition is listed today for preliminary hearing with the consent, it is heard. 3. The petition is filed seeking following reliefs: - 3 - HC-KAR NC: 2026:KHC:30716 WP No. 18367 of 2026 (a) Issue a writ, certiorari by quashing the Section 14 order dated 16-04-2026 passed by the VII Addl. C.J.M., Bengaluru in Crl.Misc.No.889/2026 vide Annexure-J, as the same has been obtained by the respondent bank on the basis of incorrect and misleading statements and in violation of the mandatory requirements of section 14 of the SARFAESI act, 2002 in so far as petitioner is concerned; (b) Issue a writ of Mandamus directing the respondent Bank to consider the petitioner's representation dated 11-02-2026 vide Annexure-F in accordance with law and in a fair and reasonable manner within such time as may be fixed by this Court. (c) Grant such other reliefs as this Court/ Tribunal deems fit in the facts and circumstances of the case, including costs, in the interest of justice and equity. 4. Counsel for the respective parties urged several contentions. Counsel for the respondent on instructions submits that the possession notice dated:19.11.2025 has been withdrawn. Counsel, therefore, submits that in view of withdrawal of - 4 - HC-KAR NC: 2026:KHC:30716 WP No. 18367 of 2026 possession notice, the order dated:16.04.2026 passed by the VII Addl. CJM, Bengaluru in Crl.Misc.No.889/2026 at Annexure- J has become infructuous. Hence, he submits that an appropriate order may be passed. 5. Heard the arguments and perused the papers with care. 6. Taking note of the submission that the possession notice has been withdrawn, the order dated:16.04.2026 passed by the VII Addl. CJM, Bengaluru in Crl.Misc.No.889/2026 at Annexure-J has become infructuous as far as petitioner is concerned. 7. With the above observations, the writ petition is disposed of. SD/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 23