Disposed¶39

M/S Garudachala Properties Private Limited v. Capri Global Capital Limited (Cgcl)

Karnataka HC4 Jul 2025WP/19616/2025

Case brief

AI extract

What is this about?

SARFAESI; Section 13 SARFAESI Act; e-auction; sale notice dated 27.05.2025; e-auction scheduled 04.07.2025; want of bidders; auction failed; petition infructuous; memo by secured creditor; disposed off as not calling for adjudication; Articles 226 and 227; writ petition GM-RES; Capri Global Capital Limited; Garudachala Properties Private Limited; borrower remedy confined to SARFAESI Act; NC: 2025:KHC:24198; High Court of Karnataka; S Sunil Dutt Yadav J; no precedents cited.

What did the court decide?

In light of the respondent's memo recording that the sale notice dated 27.05.2025 and the sale scheduled on 04.07.2025 did not take place for want of bidders, the petition is disposed off as not calling for adjudication. ¶38

M/S Garudachala Properties Private Limited Vs Capri… — Company and Corporate | Karnataka HC (2025)

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NC: 2025:KHC:24198 WP No. 19616 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^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. 19616 OF 2025 (GM-RES)

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BETWEEN:

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M/S GARUDACHALA PROPERTIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO. 573, FLAT NO. 101, GARUDA VISTA, 1ST FLOOR, VENKATESHWARA LAYOUT, OUTER RING ROAD, MAHADEVAPURA, BENGALURU 560 048. REPRESENTED HEREIN BY ITS DIRECTOR,

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MR. KONDURU SRINIVASULU.

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MR. KONDURU SRINIVASULU S/O K SITARAMAIAH AGE ABOUT 49 YEARS.

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Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA

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MRS P SAISRI W/O KONDURU SRINIVASULU AGED ABOUT 45 YEARS

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PETITIONER NO. 2 AND 3 RESIDING AT NO. 302, DEVI ASHIRWAD, 2ND MAIN, SHANBHOG LAYOUT, DODDABEKKUNDI, BANGALORE 560 025.

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…PETITIONERS

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(BY SRI. SANTOSH S GOGI., ADVOCATE)

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AND:

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CAPRI GLOBAL CAPITAL LIMITED (CGCL) REGISTERED OFFICE AT NO.502,

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NC: 2025:KHC:24198 WP No. 19616 of 2025

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HC-KAR

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TOWER A, PENINSULA BUSINESS PARK, SENAPATI BAPAT MARG LOWER PAREL (W) LOWER PAREL, MUMBAI 400013 REPRESENTED BY ITS AUTHORIZED SIGNATORIES MR. YADHU KRISHNAN RAMAKRISHNA AND MR. ROHIT DHANPAL SONI

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ALSO AT LEWIS WORKSPACE NO.157, BRIGADE ROAD, BANGALORE 560 025.

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…RESPONDENT

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(BY SRI. K V LOKESH., ADVOCATE FOR C/R IN CP NO.11258/2025)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SALE NOTICE DTD 27.05.2025 OF IMMOVABLE PROPERTY BY WAY OF E AUCTION DTD 17.04.2025 HAVING SCHEDULE FOR E-AUCTION ON 4.07.2025 WITH RESPECT TO PROPERTY BEARING NO. 573, FLAT NO. 101 GARUDA VISTA 1ST FLOOR VENKATESHWARA LAYOUT OUT RING ROAD MAHADEVAPURA BENGALURU 560048 ISSUED BY THE R1, HEREIN BELONGING TO THE PETITIONER HEREIN ANNX-A AND B.

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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 S SUNIL DUTT YADAV

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ORAL ORDER

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Learned counsel for the respondent has filed a memo

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and it is submitted that the sale notice did not progress

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due to absence of bidders and accordingly, it is submitted

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that the question of further adjudication does not arise.

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NC: 2025:KHC:24198 WP No. 19616 of 2025

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HC-KAR

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2. Memo filed by the respondent reads as follows:

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"The respondent in the present case submits that the sale notice dated 27.05.2025 and the sale scheduled on 04.07.2025 did not take place due to want of bidders. Hence, the petition is rendered infructuous, in the ends of justice."

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3. In light of the memo filed, petition is disposed

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off as not calling for adjudication.

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Needless to state in the event any measure under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, is taken by the respondent, substantive remedy for the petitioner is only under the SARFAESI Act.

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Sd/(S SUNIL DUTT YADAV) JUDGE

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M/S Garudachala Properties Private Limited v. Capri Global Capital Limited (Cgcl)

Case brief

What is this about?

What did the court decide?

M/S Garudachala Properties Private Limited v. Capri Global Capital Limited (Cgcl)

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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