Karnataka High Court
WP/5509/2024 of M/S DURVESH ASSOCIATES Vs THE IDBI BANK LTD on 1 October 2026
CNR: KAHC010096622024 NC: 2026:KHC:54773 WP No. 5509 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 5509 OF 2024 (GM-RES) BETWEEN: 1. M/S. DURVESH ASSOCIATES (PROPRIETARY CONCERN)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA
WRIT PETITION NO. 5509 OF 2024 (GM-RES)
BETWEEN:
1.
M/S. DURVESH ASSOCIATES
(PROPRIETARY CONCERN)
NEAR CHETAN GARAGE
KHATA NO. 9/25
AUTO COMPLEX ROAD
KIADB AUTO COMPLEX
SHIVAMOGGA-577 204
REPTD. BY ITS PROPRIETOR
MR. MOHAMMED RAFEEQ
2.
MR. MOHAMMED RAFEEQ
S/O ABDUL HAMEED SAB
AGED ABOUT 42 YEARS
R/O LEFT SIDE TIPPU NAGAR
1ST CROSS, 100 FEET
MANJUNATH EXTENSION
NEW MANDILI, SHIVAMOGGA
SHIVAMOGGA DISTRICT-577 202
PROPRIETOR
M/S. DURVESH ASSOCIATES
3.
MRS. HALEEMUNNISA
W/O S R ABDUL KHALAQ
AGED ABOUT 72 YEARS
MIG 171/C, GANGA NILAYA
2ND STAGE, KALLAHALLI
SHIVAMOGGA
SHIVAMOGGA DISTRICT-577 201
Digitally signed by
PAVITHRA B
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
4.
MR S K JAVEED AHMED
S/O S R ABDUL KHALAQ
AGED ABOUT 49 YEARS
R/O "ALMAS MANZIL"
3RD CROSS, 1ST STAGE
RML NAGAR, DODDAPET, SHIVAMOGGA
SHIVAMOGGA DISTRICT-577 204
5.
MR S K NISAR AHEMD
S/O S R ABDUL KHALAQ
AGED ABOUT 52 YEARS
R/AT NO. 163/1, CHALUKYANAGAR
GOPALA EXTENSION, SHIVAMOGGA
SHIVAMOGGA DISTRICT-577 205
…PETITIONERS
(BY SRI: RAJENDRA S, ADVOCATE)
AND:
THE IDBI BANK LTD
VEERABHADRESHWARA COMPLEX
NEAR MANTAPA CLINIC
KUVEMPU ROAD, SHIVAMOGGA
SHIVAMOGGA DISTRICT-577 201
BY ITS THE AUTHORIZED OFFICER
…RESPONDENT
(BY SRI: T P MUTHANNA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTICES DATED 05.12.2023 VIDE ANNEXURE-G
AND G1 TO THE WRIT PETITION ISSUED BY THE RESPONDENT
BANK AND PURSUANT TO THE NOTICES ISSUED BY THE
RESPONDENT DATED 05.12.2023 VIDE, ANNEXURE-G AND G1
TO THE WRIT PETITION.
HC-KAR
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA
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ORAL ORDER
This petition is filed challenging the possession notices dated 05.12.2023 at Annexures-G and G1 issued by the respondent - Bank.
2. At the time of entertaining the petition, this Court passed the interim order dated 21.02.2024 staying the impugned notices and all further proceedings subject to the petitioners depositing 20% of the outstanding loan amount within six weeks. By a subsequent order dated 15.04.2024, the earlier interim order was modified and the petitioners were directed to deposit 30% of the outstanding amount within 12 weeks and another 30% in instalments of a span of 4 weeks each.
3. Today, when the matter was taken up for consideration, learned counsel for the respondent - Bank submits that the petitioners have not complied with the interim
HC-KAR
orders, on account of which, the respondent - Bank issued sale notice on 19.02.2026, which was again challenged by filing SA No.158 of 2026 before the DRT, which came to be dismissed by order dated 14.07.2026. Thereafter, the property was brought to sale through a sale Notification. Since there were no bidders, the sale did not take place.
4. In the light of the aforesaid subsequent developments, the prayer sought in the present petition does not survive for consideration and no further orders are required. Moreover, the interim order passed in this petition has not been complied.
Accordingly, the writ petition is dismissed.
Sd/- (T.P.VIVEKANANDA) JUDGE
BGN List No.: 1 Sl No.: 37