Sri R Madhusudhan Vs the Bank of Baroda

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NC: 2025:KHC:15256 WP No. 16382 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16382 OF 2024 (GM-RES)

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BETWEEN:

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SRI R.MADHUSUDHAN AGED ABOUT 46 YERARS S/O LATE M.RAMA REDDY R/AT NO.300, 2^ND MAIN ROAD VAKIL ENCASA, SRIRAMAPURA VILLAGE JIGANI-BOMMASANDRA LINK ROAD JIGANI HOBLI, ANEKAL TALUK BENGALURU – 561 105 AND ALSO AT HENNAGARA VILLAGE, JIGANI HOBLI ANEKAL TALUK, BENGALURU – 562 106.

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…PETITIONER

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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(BY SRI D.R.RAVISHANKAR, SR. ADVOCATE FOR SRI MEGHACHANDRA D. N., ADVOCATE)

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AND:

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THE BANK OF BARODA CHIEF MANAGER ROSARB, BANGALORE SOUTH/RURAL 4^TH FLOOR, VIJAYA TOWER TRINITY CIRCLE, BENGALURU – 01.

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M/S. SURAKSHA VENTURES LLP A LIMITED LIABILITY PARTNERSHIP HAVING REGD. OFFICE AT NO.13, 2^ND FLOOR, GREEN LEAF LAYOUT

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2 - NC: 2025:KHC:15256 WP No. 16382 of 2024

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80FT ROAD, 4^TH BLOCK, KORAMANGALA BENGALURU – 560 034 REPRESENTED BY PARTNER MR. DINESH RAMACHANDRA.

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AMENDED CAUSE TITLE VIDE COURT ORDER DATED 24.03.2025.

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…RESPONDENTS

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(BY SRI VIGNESH SHETTY, ADVOCATE FOR R1; SRI ARJUN RAO, ADVOCATE FOR R2)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DTD. 17.05.2024 VIDE ANNX-A ISSUED BY RESPONDENT BANK IN THE INTEREST OF JUSTICE. IN SO FAR AS PETITIONER CONCERNED ONLY.

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

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court seeking the following

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prayer:

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“1. Issue Writ of Certiorari by quashing the impugned notice dated 17.05.2025 vide Annexure – A issued by respondent bank in the interest of justice insofar as petitioner concerned only.

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Issue any other writ, order or directions which deems fit for this Hon’ble Court under the facts and circumstances of the case in the interest of justice and equity.”

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NC: 2025:KHC:15256 WP No. 16382 of 2024

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Heard Sri D.R.Ravishankar, learned senior counsel for the petitioner, Sri Vignesh Shetty, learned counsel for respondent No.1 and Sri Arjun Rao, learned counsel for respondent No.2.

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The parties to the lis leaving out respondent No.1 –

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bank have entered into a settlement. The settlement is between the borrower and the auction purchaser. In furtherance of the settlement, solatium Rs.52/- lakhs is paid to the auction purchaser, which is also acknowledged. An affidavit by the petitioner is also filed in this regard. It reads as follows:

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“1. I State that I am the petitioner in the above case and that I am well aware of the facts and circumstance of the case and hence competent to swear the instant Affidavit;

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2. I state that, I am the guarantor and that I have filed the above writ petition before this Hon'ble court, challenging the E-auction Sale Notice Dated 17-05-2024 vide ANNEXURE A , to the above Writ petition.

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3. I state that this Hon'ble court vide order dated 24-06-2024, was pleased to pass an Interim Order of Stay with a condition, that I deposit a sum of Rs. 75,00,000/- on or before 27-07-2024.

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4. I state that in partial compliance, I have deposited a sum of Rs. 42,07,443 on 25.07.2024 to the Respondent Bank. However, I could not deposit the entire amount due medical emergency.

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NC: 2025:KHC:15256 WP No. 16382 of 2024

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5. I state that during the pendency of the above writ petition, the Respondent no.1 bank has issued another subsequent Sale notice dated 16-10-2024, fixing the date of sale to be held on 13-11-2024. I further state that, pursuant to the said sale notice dated 16-10-2024, sale was held and confirmed in favour of the Respondent no.2 for a sum of Rs 3,38,00,000/and sale certificate has also been issued by 1^st Respondent bank in favour of the 2^nd Respondent on 10-02-2025.

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6. I state that am ready and willing to redeem my property which are detailed in the sale certificate dated 10-02-2025, by paying Respondent bank and the Auction-purchaser in the following manner.

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Sl. No.	PAYMENT HEAD	AMOUNT (Rupees)	TIMELINE
1	Solatium	Rs 10,00,000 by way of D.D Bearing no. 245092 dated 02-04- 2025, issued by UNION BANK OF INDIA, Bommasandra Bengaluru, Favouring 2^ndRespondent.	Today; on 07.04.2025
2	Solatium	Rs 42,00,000/- by way of D.D. bearing no.505174. dated 04- 04-2025. issued by ICICI BANK, M.G.road Bengaluru favouring 2^nd Respondent	Today; on 07.04.2025
3		Rs. 42,07,443/- deposited on 25.07.2024 by Order of this Hon'ble Court in favour of the Respondent Bank.
4		Rs. 2,96,00,000/- to	Within 6

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NC: 2025:KHC:15256 WP No. 16382 of 2024

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the 1^st	weeks from
Respondent bank	today on or before
	19.05.2025;

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Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to accept the undertaking, by recording the same and direct the 1^st Respondent bank to discharge me and my mortgaged property from all the loan accounts and also direct the 1^st Respondent bank to return all original documents of title, forth with in Interest of Justice and Equity.”

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Learned counsel appearing for the auction purchaser would submit that the amount that is in deposit may be directed to be returned by respondent No.1 – bank to the auction purchaser.

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Learned senior counsel for the petitioner submits that part of the affidavit covers the said aspect and the entire amount in due would be deposited within six weeks, including the interest that gets accrued on the amount that is deposited by the auction purchaser. In the event, the amount is not paid to the bank and in turn, the bank to the auction purchaser as undertaken, the bank may proceed with the registration of the sale certificate that is already issued to the auction purchaser. The submission is placed on record.

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NC: 2025:KHC:15256 WP No. 16382 of 2024

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The petitioner shall abide by the undertaking indicated in the affidavit and in the event of failure of the petitioner in compliance of his undertaking, respondent No.1 - bank shall proceed with the registration of the sale certificate in favour of the auction purchaser.

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It is needless to observe that, in the event of compliance of the afore-quoted affidavit, the bank is obliged to return all the documents to the petitioner, the documents, I mean, the documents that were submitted to the bank at the time of mortgage.

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With the aforesaid directions, the petition stands disposed.

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Sd/(M.NAGAPRASANNA) JUDGE

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NVJ List No.: 1 Sl No.: 120 CT:SS

Sri R Madhusudhan v. the Bank of Baroda

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Sri R Madhusudhan v. the Bank of Baroda

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