Dismissed¶35

Sri.N. Yogish Bhat v. the Authorised Officer, Icici Bank Limited

Karnataka HC15 Jul 2025WP/13511/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 13511 of 2025 (GM-RES); N. Yogish Bhat v. Authorised Officer, ICICI Bank Ltd & ICICI Bank Ltd; SARFAESI Act 2002 enforcement; sale notice 29-03-2025; possession notice 10-12-2024; Rule 8(6) and Rule 9(1), Security Interest (Enforcement) Rules 2002; interim relief 29-04-2025 later vacated; fresh sale notice 05-06-2025; auction 08-07-2025 failed for lack of bidders; withdrawal memo; petition dismissed as not pressed; single judge S Sunil Dutt Yadav; order dated 15-07-2025.

What did the court decide?

In light of the memo filed by the petitioner seeking withdrawal of the petition and the submission made, the writ petition is dismissed as not pressed. ¶35

Sri.N. Yogish Bhat Vs the Authorised Officer, Icici… — Banking and Recovery | Karnataka HC (2025)

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1 - NC: 2025:KHC:26148 WP No. 13511 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13511 OF 2025 (GM-RES)

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BETWEEN:

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SRI.N. YOGISH BHAT S/O N KOGGANNA BHAT, AGED ABOUT 71 YEARS, RESIDING AT NO.4-3-406/17, KODIALBAIL POST, MANGALORE TALUK, DAKSHINA KANNADA DISTRICT-575 003

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… PETITIONER

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(BY SRI. LEELESH KRISHNA., ADVOCATE)

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Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA

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AND:

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THE AUTHORISED OFFICER, ICICI BANK LIMITED BHARATH BUILDING, OPP KMC HOSPITAL, DR AMBEDKAR CIRCLE, MANGALURU-575 001

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ICICI BANK LIMITED HAVING ITS REGISTERED OFFICE AT ICICI BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI-400 051

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2 - NC: 2025:KHC:26148 WP No. 13511 of 2025

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HC-KAR

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REPRESENTED BY ITS AUTHORISED OFFICER.

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… RESPONDENTS

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(BY SRI. FRANCIS XAVIER., ADVOCATE)

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THIS W.P IS FILED UNDER 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING/SETTING ASIDE THE SALE NOTICE DATED 29-03-2025 (ANNEXURE-E) ISSUED BY THE RESPONDENT NO.1 UNDER RULE 8(6) AND RULE 9(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, AND ALL CONSEQUENTIAL PROCEEDINGS PURSUANT THERETO, INCLUDING THE AUCTION SCHEDULED ON 03-05-2025. SO FAR AS PETITIONERS AND ETC.

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THIS PETITION COMING ON FOR FRESH MATTERS LIST THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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Learned counsel for the petitioner has filed a memo

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seeking to withdraw the petition.

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The memo is taken on record. It reads as

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follows:-

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"The Petitioner above named respectfully submits as follows:

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The present writ petition was filed challenging the Sale Notice dated 29-03-2025 and the Possession Notice dated 10-12-2024 issued by Respondent No.1 under the SARFAESI Act, 2002. This Hon'ble Court was pleased to grant interim relief by order dated 29-04-2025, subject to certain conditions. However, as the Petitioner was unable to comply with the conditions imposed by the interim order,

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3 - NC: 2025:KHC:26148 WP No. 13511 of 2025

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HC-KAR

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this Hon'ble Court was pleased to vacate the said interim relief.

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During the pendency of the writ petition, the Respondents issued a fresh Sale Notice dated 0506-2025, scheduling the auction of the secured property on 08-07-2025, once again at an undervalued reserve price. However, the said auction failed due to lack of bidders.

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In light of the above developments, the reliefs sought in the present petition have become infructuous. The Petitioner, therefore, rays that this Hon'ble Court may be pleased to permit withdrawal of the writ petition, reserving liberty to pursue such other remedies as may be available in law, including in respect of any future actions initiated by the respondents."

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In light of the memo filed and submission

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made, the petition is dismissed as not pressed.

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Sd/(S SUNIL DUTT YADAV) JUDGE

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VGR

Sri.N. Yogish Bhat v. the Authorised Officer, Icici Bank Limited

Case brief

What is this about?

What did the court decide?

Sri.N. Yogish Bhat v. the Authorised Officer, Icici Bank Limited

Case brief

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