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2026 DAILYLAW 30099 (KAR)

SRI. B. M. KISHORE v. M/S. CANARA BANK

WP/22016/2026 · 2026-07-22

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010480602026 NC: 2026:KHC:37629 WP No. 22016 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 22016 OF 2026 (GM-DRT) BETWEEN: SRI. B.M.KISHORE, S/O. B.A.MOGANNA GOWDA, AGED ABOUT 48 YEARS, R/AT NO.51, BHEL LAYOUT NORTH, PATTANAGERE RAJARAJESHWARI NAGAR, BENGALURU-560 098. …PETITIONER (BY SRI. HARISH KUMAR M.C., ADVOCATE) AND: 1. M/S. CANARA BANK, SPECIALIZED ARM BRANCH, NO.1068, 5TH CRESCENT ROAD, MC COLONY, DAVANAGERE-577 005 REPRESENTED BY ITS MANAGER/ AUTHORIZED SIGNATORY (IT'S A BANKING COMPANY REGISTERED UNDER THE BANKING ACT) 2. M/S. NAAS MECHANICAL EQUIPMENT PRIVATE LIMITED, NO.60-A2, KIADB, D C OFFICE ROAD, KARUR INDUSTRIAL AREA, DAVANAGERE-577 006. REPRESENTED BY ITS DIRECTOR (IT’S A PRIVATE LIMITED COMPANY REGISTERED UNDER COMPANIES ACT) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010480602026 NC: 2026:KHC:37629 WP No. 22016 of 2026 3. SRI. ARJUN BHOG (DIRECTOR) S/O. BHOGHAMALLAIAH C.S, AGED ABOUT MAJOR, 4. SMT. KAVYA D.D., (DIRECTOR) W/O. ARJUN BHOG (DIRECTOR) AGED ABOUT MAJOR, THE RESPONDENTS NO.3 AND 4 ARE R/AT NO.121, GROUND FLOOR, ANNAPURNESHWARI LAYOUT, THIGALARAPALYA MAIN ROAD, BENGALURU NORTH, BENGALURU- 560 058. …RESPONDENTS (BY SMT. SANJANA, ADVOCATE FOR C/R1) 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.Harish Kumar M.C., counsel for the petitioner and Smt.Sanjana, counsel for caveator / respondent No.1 appeared in person. - 3 - HC-KAR CNR: KAHC010480602026 NC: 2026:KHC:37629 WP No. 22016 of 2026 2. This petition is filed seeking following reliefs: (a) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction to quash the e-auction sale notice dated 17.06.2026 issued by the respondent No.1 Bank against the petitioner (Annexure-A) (b) Grant such other relief's as this Hon'ble Court be pleased to grant any such other order or direction that this Hon'ble Court deems fit to pass in the facts and circumstances of the case in the interest of justice and equity. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The authorized officer of the Bank had issued a E-auction sale notice dated 17.06.2026 for sale of immovable assets under SARFAESI Act read with the relevant Rules. The petitioner's grievance is about the issuance of the e-auction sale notice. Any person/s aggrieved by issuance of notices under SARFAESI Act/ Rules are not powerless. They have a liberty of filing - 4 - HC-KAR CNR: KAHC010480602026 NC: 2026:KHC:37629 WP No. 22016 of 2026 objections and also approach DRT under Section 17 of the Act, appealing to the Tribunal if needed. The Apex Court has settled the law in a catena of decisions that a E- auction sale notice cannot be challenged by filing a writ petition. The litigants are not remediless, as the Tribunal has been established specifically to adjudicate the lis. Hence, this Court declines to exercise discretionary powers under writ jurisdiction. The petition is devoid of merits. Accordingly, the writ petition is dismissed. The petitioner may approach the appropriate forum if so advised and if the law permits. Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 4