M/S Saadhika Cretions Glass Pvt. Ltd. Vs Bank of… — Writ and Judicial Review | Karnataka HC (2025)

M/S Saadhika Cretions Glass Pvt. Ltd. Vs Bank of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Liberty to the petitioners to approach the competent Tribunal for redressal of their grievance; entitlement to the benefit of Section 14 of the Limitation Act if the Tribunal is approached within four weeks from receipt of the order; interim order earlier granted renewed for four weeks; all contentions of the parties kept open.

Issue for consideration

Whether the Sale Certificate dated 11.07.2022 (Annexure-A) and the sale deed dated 11.7.2022 executed by respondent No.1 Bank in favour of respondent No.2 ought to be cancelled and the Schedule A and B properties reconveyed to the petitioners, together with the challenge to the order dated 30.04.2022 (Annexure-M) passed by the competent Court

Court's answer

The petition is disposed of with liberty to the petitioners to approach the competent Tribunal for redressal of their grievance.

Ratio / Principle

If the petitioners approach the competent Tribunal within four weeks from the date of receipt of the order, they will be entitled to the benefit of Section 14 of the Limitation Act; all contentions of the parties are kept open.

Key takeaways

The interim order earlier granted by this Court is renewed to the benefit of the petitioners for a period of four weeks.ratio¶¶40

Detailed headnote1 paragraphs

Writ Petition No. 20957 of 2022 (GM-RES) under Articles 226 and 227 of the Constitution of India by M/s Saadhika Cretions Glass Pvt Ltd (represented by its Managing Director), its Managing Director D. Murali Mohan G, Director Mrs. Rekha M, and mortgagors K.M. Hanumappa and Gangadhar M, against Bank of Baroda (earlier Vijaya Bank), Suniadakatte Branch, Bangalore, and Miss Mamatha R, assailing the Sale Certificate dated 11.07.2022 (Annexure-A) and the order dated 30.04.2022 (Annexure-M) passed by the competent Court, and praying for reconveyance of Schedule A and B properties by cancelling the sale deed dated 11.7.2022 executed by respondent No.1 in favour of respondent No.2, registered in the office of the Sub-Registrar, Jayanagar, Bangalore vide Book I No.BTM-1-038342022-23. HELD: taking note of the submissions of learned counsel for the parties, the petition is disposed of with liberty to the petitioners to approach the competent Tribunal for redressal of their grievance; if the petitioners approach the competent Tribunal within four weeks from the date of receipt of the order, they will be entitled to the benefit of Section 14 of the Limitation Act; all contentions of the parties kept open; the interim order earlier granted by this Court renewed to the benefit of the petitioners for a period of four weeks. (E.S. Indiresh, J.)

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NC: 2025:KHC:52626 WP No. 20957 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20957 OF 2022 (GM-RES)

BETWEEN:

M/S SAADHIKA CRETIONS GLASS PVT LTD., HAVING ITS REGISTERED OFFICE AT 83 AND 84, GANAKALLU VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH, BENGALURU, REPRESENTED BY ITS MANAGING DIRECTOR.

SRI D MURALI MOHAN G, S/O MR. GANGADHAR M, AGED ABOUT 43 YEARS, RESIDING AT NO.30, 3^RD MAIN, MEENAKSHINAGAR, BASAVESHWARNAGAR, BANGALORE-560079. (MANAGING DIRECTOR).

Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

MRS REKHA M, WIFE G MURALI MOHAN M, AGED ABOUT 41 YEARS, RESIDING AT NO.30, 3^RD MAIN, MEENAKSHINAGAR, BASAVESHWARANAGAR, BANGALORE-560079. DIRECTOR.

SRI K M HANUMAPPA, SON OF LATE MURUDAPPA, AGED ABOUT 65 YEARS, RESIDING AT NO.30 AND 30/2, KAMAKSHIPALYA, BASAVESHWARNAGAR, BANGALORE-560079. MORTGAGOR.

SRI GANGADHAR M, S/O LATE MURUDAPPA, AGED ABOUT 63 YEARS,

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NC: 2025:KHC:52626 WP No. 20957 of 2022

HC-KAR

RESIDING AT NO.30 AND 30/2, KAMAKSHIPALYA, BASAVESHWARNAGAR, BANGALORE-560079. MORTGAGOR.

…PETITIONERS

(BY SRI NANDA KUMAR B L.,ADVOCATE FOR SRI H SUNIL KUMAR, FOR P1 TO P5 (NOC)

AND:

BANK OF BARODA, (EARLIER VIJAYA BANK), SUNIADAKATTE BRANCH, BANGALORE, REPRESENTED BY ITS AUTHORISED OFFICER, ASIF KUMAR.

MISS MAMATHA R, AGED ABOUT 36 YEARS, D/O SRI RAJENDRA PRASAD, RESIDING AT F-503, MELODY APARTMENT, PANCHARAPALYA, SALARPURIYA SATVA MELODY, NAYANDAHALLI, BANGALORE SOUTH TALUK, BANGALORE-560039.

…RESPONDENTS (BY SRI SHETTY VIGNESH SHIVARAM.,ADVOCATE FOR R1, SRI M V MURTHY, ADVOCATE FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO RECONVEY THE SCHEDULE A AND B PROPERTIES TO THE PETITIONERS, BY CANCELLING THE SALE DEED DTD 11.7.2022, EXECUTED BY THE R1 TO THE R2, WHICH IS REGISTERED IN THE OFFICE OF THE SUB-REGISTRAR, JAYANAGAR, BANGALORE VIDE BOOK I, NO.BTM-1-038342022-23, STORED IN CD NO.BIMD - 1047 AND IN NOT DELIVERING THE POSSESSION OF THE SCHEDULE PROPERTY NO.1 AND 2 TO THE R2 AND ETC.

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

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NC: 2025:KHC:52626 WP No. 20957 of 2022

HC-KAR

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard Sri. Nanda Kumar B.L. and Sri. H. Sunil

Kumar, learned counsels appearing for the petitioners and Sri. Shetty Vignesh Shivaram, learned counsel appearing for respondent No.1 and Sri. M.V. Murthy, learned counsel appearing for respondent No.2.

In this writ petition, the petitioner is assailing the Sale Certificate dated 11.07.2022 (Annexure-A) and the order dated 30.04.2022 (Annexure-M) passed by the competent Court.

Having taken note of the submissions made by learned counsels appearing for the respective parties, the petition is disposed of with liberty to the petitioner to approach the competent Tribunal for redressal of their grievance.

All contentions of the parties are kept open, if, the petitioners approach the competent Tribunal within four (04) weeks from the date of receipt of this order, the petitioners will be entitled for the benefit of Section 14 of the Limitation Act.

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NC: 2025:KHC:52626 WP No. 20957 of 2022

HC-KAR

The interim order granted earlier by this court shall

be renewed to the benefit of the petitioner for a period of four

(04) weeks.

SD/(E.S.INDIRESH) JUDGE

NM List No.: 1 Sl No.: 3