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2026 DAILYLAW 9788 (KAR)

M/S. ASLAM TRADING COMPANY v. CANARA BANK

WP/9123/2022 · 2026-04-08

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19344 WP No. 9123 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9123 OF 2022 (GM-DRT) BETWEEN: 1. M/S. ASLAM TRADING COMPANY NO.40, 3RD CROSS, APMC YARD, BANGARPET, KOLAR DISTRICT-563 114. BY ITS PROPRIETOR, MR. SYED ASIFULLA 2. M/S. AZEEZ TRADING COMPANY AMJAD, NO.40, 3RD CROSS, APMC YARD, BANGARPET, KOLAR-563 114, BY ITS PROPRIETOR, MR. SYED JALALUDDIN. 3. M/S. UMRAZZ TRADING CORPORATION NO.40/1, 3RD CROSS, APMC YARD, BANGARPET, KOLAR DISTRICT-563 114, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19344 WP No. 9123 of 2022 BY ITS PROPRIETOR, MR. UMRAZZ SYED. …PETITIONERS (BY SMT. VIDYA.S., ADVOCATE) AND: 1. CANARA BANK BANGARPETH BRANCH, KOLAR DISTRICT, KOLAR- 563 114, BY ITS MANAGER. …RESPONDENT (BY SRI. HEMANTH RAO, ADVOCATE FOR SRI. RUKKOJI RAO H S., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING REFERENCE DTD. 30.04.2021, 03.04.2021, 30.04.2021, RESPECTIVELY ISSUED BY THE RESPONDENT WHICH ARE PRODUCED HEREIN AT ANNX- A1 TO A3. 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:19344 WP No. 9123 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayers: "a) Issue a writ in the nature of Certiorari or any appropriate writ quashing the notices bearing reference No. 0485/CB/BPET/ATC/2020-21, No. 0485/CB/BPET/AZEEZ/2020-21, No. 0485/CB/BPET/UM/2020-21 dated 30.04.2021, 03.04.2021, 30.04.2021 respectively issued by the respondent which are produced herein at ANNEXURE-'A1 to A3' in the interest of justice and equity; b) Pass such other orders/ directions as this Hon'ble Court deems fit in the facts and circumstances of this case in the interest of justice and equity. 2. The writ petition is filed questioning the notice issued by the respondent under Section 13(2) of the SARFAESI Act. An interlocutory application is also filed challenging the said notice. When a notice under Section 13(2) is issued by the respondent-Bank, the appropriate remedy available to the - 4 - HC-KAR NC: 2026:KHC:19344 WP No. 9123 of 2022 petitioners is to submit their reply to the said notice. A writ petition challenging 13(2) notice is not maintainable. 3. Insofar as the sale notice is concerned, since no sale has taken place, nothing survives for consideration. 4. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioners to submit their reply to the notice issued under Section 13(2) of the SARFAESI Act within 15 days from the date of receipt of copy of the order. ii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 3