A writ petition challenging a sale notice was dismissed by the High Court of Karnataka, holding that the notice was spent as the 10-day period stipulated for repayment had long expired. The petition was disposed accordingly.
The petition stands disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:4822 WP No. 2541 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 2541 OF 2024 (GM-RES)
BETWEEN:
SRI. R. RANGASWAMY, S/O RAJAPPA H.R., AGED ABOUT 39 YEARS, R/AT HULAGALAKUNTE VILLAGE, HUDUVALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT - 577 598.
…PETITIONER
(BY SRI. V. RAJAIAH, ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
SUNDARAM FINANCE LTD., REP. BY ITS BRANCH MANAGER/AUTHORIZED OFFICER, HOLALAKERE ROAD, CHITRADURGA TOWN, CHITRADURGA DISTRICT - 577 598.
…RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED:06.04.2023 ISSUED TO THE PETITIONER CALLING UPON THE PETITIONER TO SETTLE THE LOAN AMOUNT WITHIN 10 DAYS AFTER RECEIPT OF THE SAID LETTER, FAILING WHICH TO PROCEED FURTHER FOR THE SALE OF THE SECURED VEHICLE, AS PER THE LETTER DATED:06.04.2023, BEARING NO.DEENAN K/SBS/P04200134/2023, VIDE ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:4822 WP No. 2541 of 2024
ORDER
The petitioner calls in question a sale notice dated 06.04.2023.
slated to be held within 10 days after issuance of the said notice. Admittedly, the notice is ten months old and ten days that is stipulated in the notice is already spent.
knock at the doors of the appropriate fora in the event of need, the petition stands disposed.
Sd/JUDGE
SJK List No.: 1 Sl No.: 69 CT:SNN
2 issues framed by the court
Whether a sale notice is maintainable when the stipulated period has expired.
Whether the court should entertain a petition based on a spent sale notice.
1 provisions across 1 enactments
SRI. R. RANGASWAMY
SUNDARAM FINANCE LTD.
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
