Disposed¶33

Mrs. D.R. Ambika v. M/S Canara Bank

Karnataka HC3 Mar 2025WP/20374/2023

Case brief

AI extract

What is this about?

Karnataka HC, W.P.(GM-DRT) 20374/2023, disposed 03-03-2025, Justice M. Nagaprasanna. Borrowers challenged DRT-1 Bengaluru order dated 21/09/2019 in O.A. 55/2019 and Recovery Officer-2 proceedings in R.C. No. 1054/2019 incl. sale proclamation 17/07/2023 (Art. 226). Sale did not take place on the fixed date; date of sale spent; petition held infructuous and disposed of with liberty to pursue remedies available in law. Keywords: DRT recovery certificate, sale proclamation, infructuous writ, Article 226, Canara Bank Chilur Branch.

What did the court decide?

None; the petition stood disposed of as infructuous with liberty reserved to the petitioner(s) to avail of such remedy as is available in law, if need arises. ¶33

Mrs. D.R. Ambika Vs M/S Canara Bank — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:8973 WP No. 20374 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20374 OF 2023 (GM-DRT)

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BETWEEN:

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MRS. D.R. AMBIKA

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W/O MR. D.G. RAJAPPA, AGED ABOUT 44 YEARS, R/AT DODDERI VILLAGE, CHILUR POST, HONNALI TALUK, DAVANAGERE DISTRICT - 577 230.

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MR. D.G. RAJAPPA, S/O MR. D.G. BASAPPA, AGED ABOUT 62 YEARS, R/AT DODDERI VILLAGE, CHILUR POST, HONNALI TALUK, DAVANAGERE DISTRICT - 577 230.

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Digitally signed by NAGAVENI Location: High Court of Karnataka

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MR. D.G. SURESH, S/O MR. D.G. BASAPPA, AGED ABOUT 55 YEARS, R/AT DODDERI VILLAGE, CHILUR POST, HONNALI TALUK, DAVANAGERE DISTRICT - 577 230.

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…PETITIONERS

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(BY SRI. PRAKASH K.A, ADVOCATE)

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AND:

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M/S. CANARA BANK, CHILUR BRANCH, GROUND FLOOR,

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NC: 2025:KHC:8973 WP No. 20374 of 2023

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"SREEKANTHA NILAYA" MAIN ROAD, CHILUR, DAVANAGERE - 577 230, REPRESENTED BY ITS BRANCH MANAGER.

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THE RECOVERY OFFICER-2 DEBT RECOVERY TRIBUNAL-1, 4TH FLOOR, TELEPHONE HOUSE, RAJ BHAVAN ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SMT. LATHA SHETTY, ADVOCATE FOR C/R1)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASHING THE IMPUGNED ORDER DATED 21/09/2019 PASSED IN O.A NO. 55/2019 BY THE DEBTS RECOVERY TRIBUNAL-1 AT BENGALURU AND THE SUBSEQUENT RECOVERY PROCEEDINGS INITIATED BY THE RECOVERY OFFICER-2 IN R.C. NO. 1054/2019 IN OA NO. 55/19 BY WAY OF SALE PROCLAMATION DATED 17/07/2023 (ANNEXURE-A) 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 M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court calling in question the notification of sale of the property belonging to the petitioners.

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NC: 2025:KHC:8973 WP No. 20374 of 2023

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The learned counsel appearing for the respondent -

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Bank submits that on the date fixed for the sale, sale has not been taken place. The date of sale having been spent itself, nothing further would survive for consideration in the case at hand.

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In that light, the petition is rendered infructuous, reserving liberty to the petitioner to avail of such remedy as is available in law, if need arises.

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Accordingly, the petition stands disposed of.

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Sd/-

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______________________ JUSTICE M.NAGAPRASANNA

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JY List No.: 1 Sl No.: 5 CT: BHK

Mrs. D.R. Ambika v. M/S Canara Bank

Case brief

What is this about?

What did the court decide?

Mrs. D.R. Ambika v. M/S Canara Bank

Case brief

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