Karnataka High Court
WP/17632/2022 of SMT VEENA G L Vs CANARA BANK on 22 September 2026
CNR: KAHC010407742022 NC: 2026:KHC:52021 WP No. 17632 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17632 OF 2022 (GM-DRT) BETWEEN: 1. SMT. VEENA G L W/O T.L. MANJUNATH
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 17632 OF 2022 (GM-DRT)
BETWEEN:
1.
SMT. VEENA G L
W/O T.L. MANJUNATH
AGED ABOUT 45 YEARS
AKSHAYA NILAYA, 3RD CROSS
2.
SRI T L MANJUNATH
S/O LINGAPPA
AGED ABOUT 50 YEARS
AKSHAYA NILAYA,3RD CROSS
…PETITIONERS
(BY SRI. R. CHANNAKESHAVA, ADVOCATE)
AND:
1.
CANARA BANK
(ERSTWHILE SYNDICATE BANK)
BRANCH OFFICE, S S I T MARALUR
SSIT CAMPUS, KUNIGAL ROAD
TUMKUR-572105
REPRESENTED BY AUTHORISED OFFICER
2.
JAYASHANKAR T L
S/O LATE G LINGAPPA
AGE 48 YEARS
7TH CROSS, ANUGRAHA NILAYA,
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HC-KAR
…RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT TO QUASH THE
SALE NOTICE DATED 4.8.2022 WHICH IS AT ANNEXURE-D
VIDE REF NO.20077210001701.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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ORAL ORDER
The petitioners, who are the borrowers and admitted defaulters, have challenged the Sale Notice dated 04.08.2022 issued by respondent No.1 as per Annexure-D under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”).
2. Though the Hon’ble Apex Court has consistently held that no indulgence would be granted to a default borrowers, when action is contemplated by the Secured Creditor under the provisions of SARFAESI Act,
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HC-KAR
this Court vide order dated 07.09.2022 granted stay subject to deposit of Rs.4,00,000/- of the amount under three installments.
3. The learned counsel appearing for the respondent submits that the interim order is not complied with and not a single rupee is deposited.
4. The petitioners, taking undue advantage of the conditional interim order granted by this Court, have virtually stalled the recovery proceedings for close to four years.
5. It is now well settled by a catena of decisions of the Hon’ble Supreme Court, consistently followed by this Court, that measures initiated by a secured creditor under the provisions of the SARFAESI Act are not ordinarily amenable to the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
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HC-KAR
Therefore, the writ petition is devoid of merits and accordingly, stands dismissed.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 14
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