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2026 DAILYLAW 40957 (KAR)

KML CHEMICALS PVT LTD v. AUTHORIZED OFFICER CANARA BANK(ARM BRANCH)

WP/19559/2022 · 2026-09-15

Sachin Shankar Magadum

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010448562022 NC: 2026:KHC:50004 WP No. 19559 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 19559 OF 2022 (GM-DRT) BETWEEN: 1. KML CHEMICALS PVT LTD INCORPORATED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS MANAGING DIRECTOR SRI S KANNAN S/O LATE SINNU 130, 3RD FLOOR, MARIYAMMA TEMPLE ROAD VODDARAPALYA, HARAGADDE POST JIGANI, ANEKAL TALUK, BANGALORE-562106. 2. SRI S KANNAN S/O LATE S SINNU AGED ABOUT 51 YEARS MANAGING DIRECTOR OF M/S KML CHEMICALS PVT LTD NO.100, MARIYAMMA TEMPLE ROAD VODDARAPALYA, HARGADDE POST JIGANI, ANEKAL TALUK, BENGALURU-562106. …PETITIONERS (BY SRI. SARAVANAN .G, ADVOCATE) AND: 1. AUTHORIZED OFFICER CANARA BANK (ARM BRANCH) II FLOOR, CIRCLE OFFICE SPENCER TOWERS, NO.86, M G ROAD BENGALURU-560001. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010448562022 NC: 2026:KHC:50004 WP No. 19559 of 2022 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT AUTHORITY REPRESENTED BY ITS DEVELOPMENT OFFICER HAVING ITS ZONAL OFFICE AT MARUTHI GROUPS BUILDING 2ND FLOOR SIT COLLEGE MAIN GATE B H ROAD, TUMKUR-572103. …RESPONDENTS (BY SMT. PREETHU .R, ADVOCATE FOR SRI. VIGNESH SHETTY, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED SALE AUCTION NOTICES DATED 09.09.2022 ISSUED BY THE R1 BANK VIDE ANNEXURE-B AND C IN RESPECT OF THE SCHEDULE A, B, C AND D IMMOVABLE PROPERTIES UNDER THE PROVISIONS OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (ACT 54/2002) FOR ENFORCEMENT OF INTEREST IS EXCESSIVE, ILLEGAL AND UNSUSTAINABLE AND QUASH BY ISSUING THE WRIT IN THE NATURE OF CERTIORARI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed assailing the sale auction notice dated 09.09.2022 issued by respondent No.1 - Bank under the provisions of the Securitization and Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010448562022 NC: 2026:KHC:50004 WP No. 19559 of 2022 Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI ACT, 2002'). 2. This Court, despite authoritative judgments rendered by the Hon'ble Apex Court not to grant any indulgence in the actions contemplated by the secured creditors, was pleased to grant some indulgence vide order dated 28.09.2022 subject to the petitioner depositing the amount as indicated in the said interim order. 3. Learned counsel appearing for the respondent - Bank, on instructions, submits that pursuant to interim order granted by this Court, not a single rupee was deposited by the petitioner. It is further submitted that the Bank has proceeded to auction the property and the auction process is accomplished. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010448562022 NC: 2026:KHC:50004 WP No. 19559 of 2022 4. There is no representation on behalf of petitioner. 5. The conduct of the petitioner clearly indicates that he has misused the writ jurisdiction of this Court and has obtained an interim order on the false pretext that he is willing to repay the outstanding dues. Though this petition is liable to be dismissed by imposing exemplary costs, this Court, having regard to the circumstances of the case, refrains from imposing the costs. With these above observations, the writ petition is (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 6 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified