Karnataka High Court
WP/17165/2022 of M/S VINAYAKA HANDICRAFTS Vs AUTHORISED OFFICER on 6 October 2026
2026:KHC:55439
CNR: KAHC010390642022 NC: 2026:KHC:55439 WP No. 17165 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17165 OF 2022 (GM-DRT) BETWEEN: 1. M/S VINAYAKA HANDICRAFTS REP. BY A SOLE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 17165 OF 2022 (GM-DRT)
BETWEEN:
1.
M/S VINAYAKA HANDICRAFTS
REP. BY A SOLE PROPRIETOR
MR. V.HARISH
S/O ARUNAGIRI ACHAR
AGED ABOUT 39 YEARS
R/AT NO.11, MARUTHI LAYOUT
MARUGUNDANAHALLI
ANANDAPURA
BENGALURU - 560 036.
2.
MR. HARISH
S/O ARUNAGIRI ACHAR
AGED ABOUT 39 YEARS
PROP. M/S VINAYAKA HANDICRAFTS
3.
MRS. V.POORNIMA
W/O V.HARISH
BOTH ARE RESIDING AT
NO.364, BOOMI REDDY LAYOUT
4TH A CROSS
AYYAPPA TEMPLE BACKSIDE
NEW TIPPASANDRA.
…PETITIONERS
(BY SRI. DHANANJAY B.C., ADVOCATE)
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AND:
1.
AUTHORISED OFFICER
THE INDIAN BANK
ASSETS MANAGEMENT BRANCH
NO.10, 1ST FLOOR
INDIAN BANK BUILDINGS
K.G.ROAD, BENGALURU - 560 009.
2.
THE REGIONAL DIRECTOR
FOR KARNATAKA
RESERVE BANK OF INDIA
10/3/8, NRUPATHUNGA ROAD
POST BAG NO.5467
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. NAIK ASHOK KASHINATH, ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE OF INTENDED SALE DATED 01.08.2022 ISSUED BY
THE RESPONDENT BANK VIDE ANNEXRUE-A UNDER RULE 6(2)
AND 8(6) OF THE SECURITY INTEREST (ENFORCEMENT RULES)
2002 UNDER THE SECURITIZATION AND RECONSTRUCTION OF
FINANCIAL
ASSETS
AND
ENFORCEMENT
OF
SECURITY
INTEREST
ACT
IS
EXCESSIVE,
ILLEGAL
AND
UNSUSTAINABLE AND SET ASIDE BY ISSUING THE WRIT IN
THE NATURE OF CERTIORARI AND ETC.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioners who are the defaulters have filed this petition questioning the sale notice issued under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act'). This Court vide order dated 01.09.2022 has granted the interim order subject to petitioners making 30% of the amount due.
2. Petitioner no.1, who is personally present before this Court submits that substantial payment is made and petitioners are now only required to make good the penalty imposed by the respondent-Bank and seeks short accommodation to make the payment. He is not assisted by the counsel.
3. Learned counsel appearing for the respondent-bank is not present before this Court.
4. Be that as it may, since petitioners are questioning the sale notice issued by invoking the provisions of the
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SARFAESI Act, this Court is of the view that this petition is not maintainable. Records also reveal that compliance of the order dated 01.09.2022 is not reported by filing requisite documents.
5. Writ petition is liable to be dismissed. Accordingly, it is dismissed.
6. In the event respondent-Bank is of the opinion that the entire loan amount is not cleared by the petitioners herein, liberty is reserved to the Bank to proceed from the stage it was stalled by this Court.
(SACHIN SHANKAR MAGADUM) JUDGE
PGG List No.: 1 Sl No.: 10
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