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2026 DAILYLAW 42717 (KAR)

SMT P LAKSHMI v. THE CHIEF GENERAL MANAGER

WP/26547/2024 · 2026-09-21

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010564362024 NC: 2026:KHC:51909 WP No. 26547 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26547 OF 2024 (GM-RES) BETWEEN: 1. SMT P LAKSHMI W/O SRI G BABU AGED ABOUT 50 YEARS, RESIDING PRESNTLY AT NO.C413 NEW HOUSING COLONY IISC BANGALORE-560012 …PETITIONER (BY SRI. R S RAJESH.,ADVOCATE) AND: 1. THE CHIEF GENERAL MANAGER RESERVE BANK OF INDIA NO.10/3/8, NRUPATHUNGA ROAD OPPOSITE TO ST MARTHAS HOSPITAL BENGALURU-560001 2. THE AUTHORIZED OFFICER THE BANGALORE CITY CO OPERATIVE BANK LTD ADMINISTRATIVE OFFICE NO.3, PAMPA MAHAKAVI ROAD, CHAMARAJPET BANGALORE-560018 …RESPONDENTS (BY SRI. K.V. LOKESH.,ADVOCATE FOR R1 & R2) - 2 - HC-KAR CNR: KAHC010564362024 NC: 2026:KHC:51909 WP No. 26547 of 2024 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR ORDER NOT TO CONFIRM THE SALE AND/OR ISSUE ANY SALE CERTIFICATE AS PER RULE 9(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002, AND FURTHER QUASH THE PROCEEDINGS INITIATED BY THE R-2 AS PER ANNEXURE-B DTD 29.07.2024 AND ANNEXURE-C DTD 10.09.2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "i. To issue direction or order not to confirm the sale and/or issue any sale certificate as per Rule 9 (6) of the Security Interest (enforcement) Rules 2002, and further quash the proceedings initiated by the second respondent as per ANNEXURE - B dated 29.07.2024 and ANNEXURE - C dated 10.09.2024. ii. To grant such other relief/s including the costs as this Hon'ble court may deem fit under the facts and circumstances of the case." 2. It is forthcoming that the petitioner has impugned the sale notice dated 29.07.2024 (Annexure-B to the writ petition), whereunder the auction was scheduled to be held on 05.09.2024. This Court, vide interim order dated 27.09.2024 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010564362024 NC: 2026:KHC:51909 WP No. 26547 of 2024 had granted the said interim order subject to the petitioner depositing a sum of Rs.5,00,000/- within four weeks. It is stated that the said amount was deposited by the petitioner in compliance of the interim order dated 27.09.2024. 3. Learned counsel for the respondent submits that having regard to the interim order dated 27.09.2024, on 05.09.2024 the auction purchaser withdrew from the auction in view of the pendency of the present writ petition. 4. Having regard to the fact that the auction was not conducted on 05.09.2024 in terms of the impugned notice dated 29.07.2024, the present writ petition stands disposed of. 5. This order will not preclude the petitioner from availing such remedy as is permissible under law. 6. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE ND List No.: 2 Sl No.: 20 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA