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2026 DAILYLAW 4322 (KAR)

M/S. INDIGO ELECTRONICS v. THE UNION BANK OF INDIA

WP/34256/2024 · 2026-04-07

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:18851 WP No. 34256 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 34256 OF 2024 (GM-DRT) BETWEEN: 1. M/S. INDIGO ELECTRONICS REPRESENTED BY ITS PROPRIETORSHIP CONCERN C. VENKATESH , 2. C. VENKATESH S/O LATE CHINNAPPA AGE 48 YEARS, R/AT NO 06, 6TH CROSS, J.S. NAGAR, SARASWATHIPURAM MAHALAKSHMIPURAM POST, BENGALURU- 560086 3. CHANDRAKALA W/O C. VENKATESH , AGED ABOUT 43 YEARS ALL ARE R/AT NO 06, 6TH CROSS, J.S. NAGAR, SARASWATHIPURAM, MAHALAKSHMIPURAM POST, BENGALURU- 560086 &PETITIONERS (BY SRI. R SHASHIDHARA., ADVOCATE) AND: THE UNION BANK OF INDIA Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18851 WP No. 34256 of 2024 BY ITS AUTHORIZED OFFICER, ULSOOR ROAD, BRANCH, NO 21, ULSOOR ROAD, OPP TELEPHONE EXCHANGE, BENGALURU- 560042 &RESPONDENT (BY SRI. RAKSHITH R., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED E-AUCTION SALE NOTICE DTD. 22.07.2024 VIDE ANNX-B IMPUGNED DEMAND NOTICE ISSUED BY THE RESPONDENT NO. 00991/INDIGO ELECTRONICS/DEMAND NOTICE/2023-24 DTD. 10.04.2024 VIDE ANNX-C AND POSSESSION NOTICE ISSUED BY RESPONDENT DTD.16.07.2024 VIDE ANNX-D TO THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:18851 WP No. 34256 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayers: <a) Issue writ of certiorari or any other writ or order or direction, in the nature of writ, quashing the impugned e-Auction sale notice dated 22.07.2024 vide Annexure-B, impugned demand notice issued by the respondent No.00991 / Indigo Electronics/ Demand Notice/2023-24 dated 10.04.2024 vide Annexure-C and possession notice issued by Respondent dated 16.07.2024 vide Annexure-D to this Writ Petition. b) Issue any order or direction in the nature of writ as this Hon'ble Court may deem fit under the facts and circumstances of the case including as to the cost by allowing this writ petition in the interest of justice and equity.= 2. When this matter up on the last occasion, the learned counsel appearing of the petitioners submits that if three months' time is granted, the petitioners are ready to clear the entire outstanding amount, hence, the matter was adjourned. - 4 - HC-KAR NC: 2026:KHC:18851 WP No. 34256 of 2024 3. Today, an undertaking affidavit is placed before the Court stating that the outstanding balance will be paid within three months. It is further submitted that until such time, a direction may be issued to the Bank not to take any coercive steps. 4. Learned counsel appearing for the respondent/Bank submits that, as on 28.02.2026, the outstanding amount is Rs.1,01,60,561.45. It is submitted that it is a huge amount and if the petitioners fails to pay the same, the appropriate conditions may be imposed and the Bank may be permitted to proceed in accordance with law. 5. Having heard the learned counsel on either side, perused the material on record. Considering the fact that the petitioners are ready to pay the entire outstanding amount and in order to balance the interests of both parties, the undertaking affidavit is taken on record. In view of the above, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:18851 WP No. 34256 of 2024 ORDER i. The petitioners shall pay the entire outstanding amount within 3 months i.e. by 07.07.2026. ii. Till such time, the respondent/Bank shall not take any coercive steps. iii. If the petitioners fail to honour the undertaking affidavit filed before the Court, they shall pay the cost of Rs.20,00,000/- to the respondent/Bank and the respondent/Bank is at liberty to proceed further as it stands today. iv. Accordingly, the writ petition is disposed of. v. All pending IAs., if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 20