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2025 Supreme(Online)(Kar) 24996

KARNATAKA HIGH COURT
B M SHYAM PRASAD, J
MR. FRANCIS D SOUZA – Appellant
Versus
THE AUTHORIZED OFFICER UNDER SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 FOR CANARA BANK – Respondent


Advocates:
For the Appellants/Petitioners: SRI. ABHIJITH KS.
For the Respondents: SRI. VINAY BHAT

ORAL ORDER

The petitioner is aggrieved by the issuance of auction notice dated 09.09.2025 by the first respondent. When queried, Mr. Vinay Bhat, the learned counsel who is permitted to take notice for the respondents, fairly submits that the petitioner/his family members have approached the first respondent with an offer to pay Rs.5,00,000/- immediately to defer the sale schedule to be held on 30.09.2025 undertaking to clear the entire outstanding amount by 31.10.2025.

Mr. Vinay Bhat also submits that if the petitioner deposits Rs.5,00,000/- well within time, the sale will be deferred and that if the petitioner pays the entire outstanding amount, the loan will also be closed. These submissions are considered and the petition stands disposed of by the following:

ORDER

a. The petitioner is reserved with liberty to pay a sum of Rs.5,00,000/- before the closure of forenoon working hours of the respondent - Bank on

29.09.2025.

b. The respondents are directed to defer sale if the petitioner complies with this condition.

c. If the petitioner fails to pay this amount, the respondents will be at liberty to publish a fresh notice, and in that event, the petitioner will only avail alternative remedy

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