Karnataka High Court
WP/26547/2024 of SMT P LAKSHMI Vs THE CHIEF GENERAL MANAGER on 21 September 2026
CNR: KAHC010564362024 NC: 2026:KHC:51909 WP No. 26547 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 26547 OF 2024 (GM-RES) BETWEEN: 1. SMT P LAKSHMI W/O SRI G BABU AGED ABOUT 50
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 26547 OF 2024 (GM-RES)
BETWEEN:
1.
SMT P LAKSHMI
W/O SRI G BABU
AGED ABOUT 50 YEARS,
RESIDING PRESNTLY AT NO.C413
NEW HOUSING COLONY
IISC BANGALORE-560012
…PETITIONER
(BY SRI. R S RAJESH.,ADVOCATE)
AND:
1.
THE CHIEF GENERAL MANAGER
RESERVE BANK OF INDIA
NO.10/3/8, NRUPATHUNGA ROAD
OPPOSITE TO ST MARTHAS HOSPITAL
BENGALURU-560001
2.
THE AUTHORIZED OFFICER
THE BANGALORE CITY
CO OPERATIVE BANK LTD
ADMINISTRATIVE OFFICE
NO.3, PAMPA MAHAKAVI ROAD,
CHAMARAJPET
BANGALORE-560018
…RESPONDENTS
(BY SRI. K.V. LOKESH.,ADVOCATE FOR R1 & R2)
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT OR ORDER NOT
TO CONFIRM THE SALE AND/OR ISSUE ANY SALE CERTIFICATE
AS
PER
RULE
9(6)
OF
THE
SECURITY
INTEREST
(ENFORCEMENT) RULES 2002, AND FURTHER QUASH THE
PROCEEDINGS INITIATED BY THE R-2 AS PER ANNEXURE-B
DTD 29.07.2024 AND ANNEXURE-C DTD 10.09.2024.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed seeking for the following reliefs: "i. To issue direction or order not to confirm the sale and/or issue any sale certificate as per Rule 9 (6) of the Security Interest (enforcement) Rules 2002, and further quash the proceedings initiated by the second respondent as per ANNEXURE - B dated 29.07.2024 and ANNEXURE - C dated 10.09.2024.
ii. To grant such other relief/s including the costs as this Hon'ble court may deem fit under the facts and circumstances of the case."
2. It is forthcoming that the petitioner has impugned the sale notice dated 29.07.2024 (Annexure-B to the writ petition), whereunder the auction was scheduled to be held on 05.09.2024. This Court, vide interim order dated 27.09.2024 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
had granted the said interim order subject to the petitioner depositing a sum of Rs.5,00,000/- within four weeks. It is stated that the said amount was deposited by the petitioner in compliance of the interim order dated 27.09.2024.
3. Learned counsel for the respondent submits that having regard to the interim order dated 27.09.2024, on 05.09.2024 the auction purchaser withdrew from the auction in view of the pendency of the present writ petition.
4. Having regard to the fact that the auction was not conducted on 05.09.2024 in terms of the impugned notice dated 29.07.2024, the present writ petition stands disposed of.
5. This order will not preclude the petitioner from availing such remedy as is permissible under law.
6. Pending IAs., if any, stand disposed of.
(C.M. POONACHA) JUDGE
ND List No.: 2 Sl No.: 20 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA