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Karnataka High Court

B N Chandrappa vs Canara Bank on 9 April, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

                                                 -1-
                                                             NC: 2025:KHC:15493
                                                         WP No. 10269 of 2025




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 9TH DAY OF APRIL, 2025

                                                BEFORE
                          THE HON'BLE MR JUSTICE M.NAGAPRASANNA

                          WRIT PETITION NO. 10269 OF 2025 (GM-RES)

                   BETWEEN:

                   1.    B.N. CHANDRAPPA,
                         S/O NARASIMHAIAH,
                         AGED ABOUT 69 YEARS,

                   2.    T.C. PRABA
                         W/O B.N. CHANDRAPPA
                         AGED ABOUT 64 YEARS

                         BOTH ARE R/AT BAKTHARAHALLI VILLAGE,
                         HOSURU HOBLI, GOWRIBIDANURU TALUK
                         CHIKKABALLAPURA DISTRICT.
                                                                  ...PETITIONERS
                   (BY SMT. SOWMYASHREE G, ADVOCATE FOR
                       SRI. SRINIVASA REDDY R.V, ADVOCATE)

                   AND:

Digitally signed         CANARA BANK,
by NAGAVENI
Location: High
                         AGRICULTURAL FINANCE BRANCH.
Court of                 REP. BY ITS CHIEF MANAGER/
Karnataka                AUTHORISED OFFICER
                         KRISHI BHAVAN,
                         BENGALURU - 560 001.
                                                                  ...RESPONDENT
                   (BY SMT. NATASHA MURTHY, ADVOCATE)

                         THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
                   CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
                   NOTICE DATED 18.02.2025 PASSED BY THE RESPONDENT BANK
                   VIDE ANNX-K IN SO FAR AS THE PETITIONER CONCERNED AND ETC.

                         THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
                   THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
                                   -2-
                                                    NC: 2025:KHC:15493
                                               WP No. 10269 of 2025




CORAM:      HON'BLE MR JUSTICE M.NAGAPRASANNA


                              ORAL ORDER

What is challenged in the case at hand is a demand notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. The learned counsel Smt.Natasha Murthy, appearing for the respondent - bank submits that the petitioners have also submitted their reply and appropriate orders are awaited.

3. In the interregnum, the learned counsel submits that the petitioners that in their reply, they also sought for grant of one time settlement.

4. If that be so, it is for the bank to consider or otherwise. No mandamus can be issued for grant of a one time settlement.

-3-

NC: 2025:KHC:15493 WP No. 10269 of 2025

5. With the aforesaid observations, the petition stands disposed leaving open to the petitioners to avail of such remedy, as is available in law.

Sd/-

(M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 39 CT: BHK