Karnataka High Court
M/S Basveshwar Dall Industry vs Canara Bank on 14 January, 2026
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2026:KHC-K:229
WP No. 204182 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.204182 OF 2025 (GM-RES)
BETWEEN:
1. M/S BASAVESHWAR DALL INDUSTRY,
A PARTNERSHIP FIRM CARRYING ON DALL
PROCESSING BUSINESS, PLOT NO.38,
SY NO.306, KIADB, KOLHAR INDUSTRIAL ESTATE,
BIDAR-585401.
DIST. BIDAR, REPRESENTED BY ITS PARTNER.
2. SRI RAJKUMAR KESROLE,
S/O VEERBHADAPPA,
AGE: 54 YEARS, OCC: BUSINESS,
R/O H.NO.12-2-88, HARUGERI,
BIDAR-585401.
Digitally signed
by RENUKA ...PETITIONERS
Location: HIGH (BY SRI SANDEEP VIJAYKUMAR AND
COURT OF SRI N. M. HANDRAL, ADVOCATES)
KARNATAKA
AND:
CANARA BANK,
ASSET RECOVERY MANAGEMENT BRANCH,
REPRESENTED BY ITS ASSISTANT REGIONAL
MANAGER, CENTRUM BUILDING, 2ND FLOOR,
CIRCLE OFFICE, GOKUL ROAD,
HUBBALLI-580030.
...RESPONDENT
(BY SMT. SHRIYA S. KATAGIMATH, ADVOCATE)
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NC: 2026:KHC-K:229
WP No. 204182 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE
RESPONDENT-BANK TO FORTHWITH FURNISH TO THE
PETITIONER, WITHIN A 7 DAYS, CERTIFIED COPIES OF ALL
RECORDS RELATING TO THE ALLEGED E-AUCTION AND SALE
OF THE MORTGAGED PROPERTY OF THE PETITIONER.
I) SALE / E-AUCTION NOTICE DATED 08-09-2025 AS
UPLOADED ON THE E-AUCTION PORTAL;
II) DETAILED AUCTION SCHEDULE (DATE, TIME,
MODE/PLATFORM);
III) COMPLETE VALUATION REPORT AND RESERVE PRICE
FIXATION NOTE;
IV) BIDDER REGISTRATION DETAILS, BIDDER REGISTER AND
EMD PARTICULIERS;
V) COMPLETE E-AUCTION LOG / BID SUMMARY / AUCTION
REPORT;
VI) ALL NOTICES/COMMUNICATIONS ALLEGEDLY ISSUED TO
THE PETITIONER IN RELATION TO THE AUCTION, TOGETHER
WITH PROOF OF SERVICE;
VII) SALE CONFIRMATION PROCEEDINGS IF ANY;
VIII) SALE CERTIFICATE DATED 18.10.2025 OR ANY OTHER
DATE, IF ISSUED, ALONG WITH PROOF OF
DELIVERY/REGISTRATION AN ALL OTHER DOCUMENTS
REQUIRED FOR THE PETITIONER TO CHALLENGE THE SAME.
B) DECLARE THAT THE RESPONDENT/BANKS CONTINUED
REFUSAL/FAILURE TO FURNISH THE AFORESAID DOCUMENTS
DESPITE REPEATED REPRESENTATIONS, LEGAL NOTICES AND
RTI APPLICATION IS ARBITRARY, UNREASONABLE AND
VIOLATIVE OF ARTICLES 14 AND 21 OF THE CONSTITUTION OF
INDIA.
C) PASS SUCH OTHER OR FURTHER ORDERS AS THIS HON'BLE
COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF
THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY."
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NC: 2026:KHC-K:229
WP No. 204182 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Heard learned counsel for the petitioners and learned counsel for the respondent.
2. This petition is filed petition seeking the following relief:
"WHEREFORE, the petitioner respectfully prays that this Hon'ble Court may be pleased to:
a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent-Bank to forthwith furnish to the petitioner, within a 7 Days, certified copies of all records relating to the alleged e-auction and sale of the mortgaged property of the petitioner.
i) Sale / e-auction notice dated 08-09-2025 as uploaded on the e-auction portal;
ii) Detailed auction schedule (date, time, mode/platform);
iii) Complete valuation report and reserve price fixation note;
iv) Bidder registration details, bidder register and EMD particuliers;
v) Complete e-auction log / bid summary / auction report;
vi) All notices/communications allegedly issued to the petitioner in relation to the auction, together with proof of service;-4-
NC: 2026:KHC-K:229 WP No. 204182 of 2025 HC-KAR
vii) Sale confirmation proceedings if any;
viii) Sale certificate dated 18.10.2025 or any other date, if issued, along with proof of delivery/registration an all other documents required for the petitioner to challenge the same.
b) Declare that the respondent/Banks continued refusal/failure to furnish the aforesaid documents despite repeated representations, legal notices and RTI application is arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution of India.
c) Pass such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity."
3. It is the contention of the learned counsel for the petitioner that the petitioner is a small scale partnership firm engaged in Dal processing at Bidar and availed cash credit facility of Rs.1.00 Crore from the respondent/Bank on 28.12.2015 against mortgage of industrial property. It is further contended that due to non-payment of the loan amount, respondent/Bank initiated recovery proceedings which has culminated before the Debts Recovery Tribunal and amicably settled before the District Legal Services Authority, Dharwad in Lok Adalat Case No.864/2019 in RC No.228/2020, by -5- NC: 2026:KHC-K:229 WP No. 204182 of 2025 HC-KAR award dated 17.08.2024, whereby the total liability was crystallized at Rs.90.00 Lakhs in full and final settlement of the earlier claim. The award came to be passed on the basis of a joint memo. It is the contention of the learned counsel for the petitioner that the petitioner paid Rs.1.00 Lakh on 17.08.2024. Despite severe financial hardship arising out of the death of the petitioner's son on 14.11.2024, made further part payments aggregating Rs.8,50,000/- between June and September, 2025. It is further contended that in the interregnum, the respondent/Bank issued sale/e-auction notice showing an inflated liability of Rs.4,17,60,462/- and initiated action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short 'the SARFAESI Act'). This being the state of affairs, the writ petition came to be filed by the petitioner seeking to quash e-auction notice and for a direction to consider the representation of the petitioner. The said petition came to be disposed of by directing the petitioner to avail -6- NC: 2026:KHC-K:229 WP No. 204182 of 2025 HC-KAR alternative remedy before the Debts Recovery Tribunal. In the petition, the petitioner is restricting his relief to furnishing of the documents as sought for in the prayer at a(i) to (viii), as without these documents, the petitioner would not be able to approach the Debts Recovery Tribunal for challenging the order of the respondent/Bank.
4. Learned counsel for the respondent contented that sale certificate is issued on 18.10.2025. Therefore, the question of any further proceedings to be conducted would not arise. Issuance of these documents as sought for are all available on the online portal. Hence, there need not be any documents to be given and the petitioner can avail an appropriate alternative remedy for redressal of his grievance.
5. Having heard the learned counsel for both the parties, it is not in dispute that a Lok Adalat award came to be passed on a joint memo filed by both the parties and the liability came to be crystallized by virtue of a joint memo. Pursuant thereto, writ petition filed by the -7- NC: 2026:KHC-K:229 WP No. 204182 of 2025 HC-KAR petitioner also came to be disposed of with a direction to the petitioner to approach the appropriate alternative forum. In the meanwhile, as submitted by learned counsel for the respondent/Bank, the e-auction has been conducted and sale certificate is also issued but that itself would not preclude the respondent/Bank from not furnishing the necessary documents sought for by the petitioner. Whether he succeeds in challenging the award and reversing it is a matter to be decided before the appropriate forum. However, the respondent/Bank cannot take a contention of non-furnishing the documents that are sought for in prayer a(i) to (viii) in the writ petition.
6. Accordingly, I proceed to pass the following:
ORDER
(a) The Writ Petition is partly allowed.
(b) The respondent/Bank is hereby directed to furnish the documents sought as per Prayer a(i) -8- NC: 2026:KHC-K:229 WP No. 204182 of 2025 HC-KAR to (viii) within a period of fifteen days from the date of receipt of a copy of the order.
(c) It is made clear that this Court has not expressed any opinion on the merits of the matter.
Sd/-
(PRADEEP SINGH YERUR) JUDGE RSP List No.: 1 Sl No.: 2 CT: SI