Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20997 WP No. 9240 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9240 OF 2022 (GM-DRT) BETWEEN:
1.
M/S. INTELLECT POWER SOLUTIONS HAVING ITS OFFICE AT NO.23/26, BENDRENAGAR, BANASHANKARI 2ND STAGE, KADERENAHALLI, BANGALORE-560 070.
(REPRESENTED BY ITS PROPRIETOR SRI. B V INDRAKUMAR)
2.
MR. B V INDRAKUMAR,
3.
B Y YASHASWINI,
BOTH 2 & 3 ARE RESIDING AT #14, 13TH CROSS, BENDRENAGAR, BANASHANKARI 2ND STAGE, KADERENAHALLI, BANGALORE-560 070.
4.
MR GIRIYAPPA VENKATAPPA R/A 14, 13TH CROSS BENDRENAGAR BANASHANKARI 2ND STAGE KADERENAHALLI BANGALORE-560070. &PETITIONERS
(BY SRI. GOPALA GOWDA H K.,ADVOCATE)
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:20997 WP No. 9240 of 2022
AND:
1.
M/S HDFC BANK LTD., NO.268, 1ST FLOOR, 4TH MAIN ROAD 5TH C CROSS, THIPPASANDRA, BANGALORE-560 070.
(REP BY ITS RECOVERY MANAGER SRI. RAGHAVEENDRAN KRISHNAMURTHY)
2.
HDFC BANK LTD., HEAD OFFICE OF KARNATAKA, NO.8/24, SALCO CENTRE, RICHMOND ROAD, OPP TO BALDWINS GIRLS HIGH SCHOOL, BENGALURU, KARNATAKA-560 025.
(REP BY ITS GENERAL MANAGER) &RESPONDENTS (BY SRI. FRANCIS XAVIER.,ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRE INTIMATION LETTERS FOR WARRANT OF ATTACHMENT OF IMMOVABLE PROPERTY AND NOTICE FOR SETTLING THE SALE PROCLAMATION DATED 15.04.2022 OR ANY OTHER APPROPRIATE ORDER AND SET ASIDE WARRANT OF ATTACHMENT OF MORTGAGED PROPERTY DATED 15.04.2022 PASSED IN R.C.NO. 499/2018 ANNX-C ISSUED AGAINST THE PETITIONER AND SET ASIDE SALE SETTLEMENT PROCLAMATION OF MORTGAGED PROPERTY NOTICE DATED 15.04.2022 ANNX-D ISSUED AGAINST THE PETITIONER HEREIN.
THIS WRIT PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:20997 WP No. 9240 of 2022
ORAL ORDER
The writ petition is filed seeking the following prayer:
(a) By setting aside warrant of attachment of mortgaged property dated 15.04.2022 passed in R.C.No.499/2018- Annexure-C- issued against the petitioner, by the Recovery officer, DRT, Bangalore,
(b) By setting aside sale settlement proclamation of mortgaged property notice dated 15.04.2022 -Annexure-D- issued against the petitioner herein, by the Recovery officer, DRT, Bangalore,
(c) Issue such other appropriate order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, including costs in the interest of justice and equity.=
2. The present writ petition is filed in the year 2022. When the matter came upon 15.04.2026, there was no representation on behalf of the petitioner and matter was
directed to be listed under the caption for 8dismissal9 on
16.04.2026. Today also there is no representation on behalf of the petitioner. Hence, it appears that the petitioner is not interested to pursue the matter.
3. Learned counsel appearing for the respondent/Bank submits that under Section 30 of the SARFAESI Act, there is an alternative remedy available to the petitioner.
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HC-KAR NC: 2026:KHC:20997 WP No. 9240 of 2022
5. Accordingly, the writ Petition is dismissed for non- prosecution.
SD/- (LALITHA KANNEGANTI) JUDGE
TS List No.: 1 Sl No.: 75