Disposed¶4

M/S Shree Doddamma Devi Earth Works v. the Authorized Office and Manager Union Bank of India

Karnataka HC10 Jul 2025WP/13703/2024

Case brief

AI extract

What is this about?

SARFAESI Act 2002 e-auction sale notice challenge; Union Bank of India Asset Recovery Branch; writ petition (GM-RES) Karnataka High Court; One Time Settlement (OTS); Rs.38,00,000/- paid by borrower; SA.No.321/2025 before DRT; auction failed for want of bidders; contentions kept open; petition disposed without adjudication; Justice S Sunil Dutt Yadav; decision dated 10-07-2025.

What did the court decide?

No adjudication on the challenge to the e-auction sale notice; petition disposed of as not calling for adjudication. Any OTS request made by the petitioner to be considered by the respondent Bank as per its procedure and policy; all contentions kept open before the Debt Recovery Tribunal. ¶4

M/S Shree Doddamma Devi Earth Works Vs the Authorized… — Banking and Recovery | Karnataka HC (2025)

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NC: 2025:KHC:25520 WP No. 13703 of 2024

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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 10^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. 13703 OF 2024 (GM-RES)

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BETWEEN:

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M/S SHREE DODDAMMA DEVI EARTH WORKS, REPRESENTED BY ITS PARNTER SMT SAROJA, OFFICE AT NO.76, GROUND FLOOR DR. AMBEDKAR NAGAR, RAMAMURHTY NAGAR, BANGALORE - 560 016.

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…PETITIONER

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(BY SMT. VEENA BHAT, ADVOCATE)

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AND:

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Digitally signed by THE AUTHORIZED OFFICE AND MANAGER PRAKASH N UNION BANK OF INDIA, Location: HIGH ASSET RECOVERY BRANCH, COURT OF KARNATAKA BENGALURU NORTH, NO.635 C (NEW NO.25/2), 1ST MAIN ROAD, E BLOCK, 2ND STAGE RAJAJI NAGAR, DR RAJKUMAR ROAD BANGALORE - 560 010.

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…RESPONDENT

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(BY SRI. VIGNESH SHETTY, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO 1. QUASHING THE E-

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NC: 2025:KHC:25520 WP No. 13703 of 2024

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HC-KAR

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AUCTION SALE ARB/07/SN 15/27/2024-25 DATED 09.05.2024, AND ITS PLUBLIC NOTICE PUBLISHED IN THE NEW INDIAN EXPRESS NEWS PAPER ON 10.05.2024, FOR SELLING THE MORTGAGED PROPERTY ON 29.05.2024, REFERRED AS ANNEXURE-C AND D, INCLUDING ANY ATTEMPTS OF TAKING PHYSICAL POSSESSION AND SALE OF THE MORTGAGED PROPERTY UNDER SARFAESI ACT 2002, WHICH THIS HONBLE HIGH COURT DEEMS IT FIT AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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The petitioner has sought for stay of the E-auction Notice dated 09.05.2024.

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Learned counsel for the petitioner further submits that they intend to settle the entirety of dues to the respondent - Bank and have requested for One Time Settlement proposal.

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It is made out by the petitioner that during the pendency of the present proceedings, petitioner has paid

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NC: 2025:KHC:25520 WP No. 13703 of 2024

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HC-KAR

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the respondent - Bank an amount of Rs.38,00,000/-. It is

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however clarified that the petitioner has filed SA.No.321/2025 insofar the impugned sale notice is concerned.

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Learned counsel for the respondent - Bank submits that the Sale Notice could not be taken to its logical end due to for want of bidders. In light of the facts made out and the stand of the Bank, petition is disposed off as not calling for adjudication. The request for OTS if made by the petitioner to be considered by the respondent Bank as per procedure and policy of the Bank. All contentions are kept open to be raised before the Debt Recovery Tribunal in the pending proceedings or as may be raised in fresh proceedings to be initiated.

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Sd/(S SUNIL DUTT YADAV) JUDGE

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List No.: 1 Sl No.: 2 CT: BHK

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DHA

M/S Shree Doddamma Devi Earth Works v. the Authorized Office and Manager Union Bank of India

Case brief

What is this about?

What did the court decide?

M/S Shree Doddamma Devi Earth Works v. the Authorized Office and Manager Union Bank of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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