Sri Nagappa Vs M/S Canara Bank — Writ and Judicial Review | Karnataka HC (2025)

Sri Nagappa Vs M/S Canara Bank — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:11798 WP No. 4239 of 2025

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

WRIT PETITION NO. 4239 OF 2025 (GM-RES)

BETWEEN:

SRI NAGAPPA S/O. SHIVAPPA G.V. AGED ABOUT 61 YEARS, R/O. GOPALAPURA VILLAGE, KANNEGALA POST, GUNDLUPET POST, CHAMARAJANAGAR-571111.

…PETITIONER

(BY SRI. NAGARAJA R C., ADVOCATE)

AND:

Digitally signed by NAGAVENI Location: High Court of Karnataka

M/S CANARA BANK REGIONAL OFFICE, NO.1017, YAJAMANA ARCDE, PANCHAMANTRA ROAD, KUVEMPUNAGAR, MYSORE REPRESENTED BY ITS AUTHORISED OFFICER/DIVISION MANAGER. PIN-570001

…RESPONDENT

(BY SRI. VINAY SWAMY C.,ADVOCATE)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS; QUASH THE IMPUGNED SALE NOTICE DTD. 18.01.2025 BEARING REF.NO. 6933/158/SALR NOTICE/01/FEB/2025 ISSUED BY THE RESPONDENT PRODUCED AT ANNX-A.

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

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NC: 2025:KHC:11798 WP No. 4239 of 2025

CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court seeking the following

prayer:

"b) Issue writ in the nature of Certiorari or any other writ or direction to quash the impugned sale Notice dated 18.01.2025 bearing Ref.No.6933/158/SALR NOTICE/01/FEB/2025 issued by the respondent, produced at ANNEXURE-A.

c) Grant such other relief as deemed fit under the facts and circumstances of the case in the interest of justice.”

This Court, on 18.02.2025 had passed the following

order:

“Learned counsel for the petitioner submits that the statement of accounts of the petitioner has been furnished at Annexure-B, which clearly shows that the petitioner has been paying the EMIs in respect of the housing loan regularly till 30.01.2025. No EMIs are payable or due in respect of the housing loan availed by the petitioner. However, the respondents have issued the impugned notice calling upon the petitioner to repay Rs.10,55,515/- as dues payable by the petitioner. Learned counsel submits that his account has not been declared NPA, and no notice in that regard has been issued to the petitioner.

On the other hand, the petitioner admits that he has availed Rs.1,00,000/- towards crop loan and for non payment of the dues towards the crop loan, action has

3 - NC: 2025:KHC:11798 WP No. 4239 of 2025

been initiated by the respondent bank including the housing loan.

Learned counsel submits that insofar as the crop loan is concerned, if reasonable time is granted to the petitioner he will repay the entire amount towards the crop loan.

Accordingly 4 weeks time is granted to the petitioner to deposit Rs.1,00,000/-

The respondents are directed not to precipitate the matter any further till the next date of hearing.

Re-list this matter on 20.03.2025.”

The learned counsel for the petitioner submits that

the interim order has been complied.

The learned counsel for the respondent submits that if Rs.1,20,000/- is paid in the crop loan, the loan accounts would get regularized.

The learned counsel for the petitioner submits he

has two loans, one crop loan and one housing loan. In the housing loan, there is no due. It is only in the crop loan, there

was due and therefore, both the accounts are tagged. Therefore, he seeks reasonable time to get the account regularized.

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NC: 2025:KHC:11798 WP No. 4239 of 2025

Therefore, the petitioner is granted four months

time from today to get the account regularized by paying an amount of Rs.1,25,000/-. This would not however mean that the petitioner will stop paying equal monthly installments in the accounts that are with the bank.

Till 4 months, no precipitative action or coercive

steps be taken against the property of the petitioner.

With the aforesaid observations, the petition stands

disposed.

Sd/(M.NAGAPRASANNA) JUDGE

KG List No.: 1 Sl No.: 74