Karnataka High Court

WP/5509/2024 of M/S DURVESH ASSOCIATES Vs THE IDBI BANK LTD on 1 October 2026

Cites 0, Cited by 0

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

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead