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2025 Supreme(Online)(Kar) 33662

KARNATAKA HIGH COURT
B M SHYAM PRASAD, J
K.B. BOPANNA – Appellant
Versus
CANARA BANK – Respondent


Advocates:
For the Appellants/Petitioners: Vinitha P C.
For the Respondents: Vignesh S. Shetty.

Table of Content
1. loan dispute under sarfaesi act. (Para 1)
2. arguments regarding notice and interim relief. (Para 2 , 3 , 4 , 5)

ORAL ORDER

2. The Civil Court, by the impugned order dated 29.09.2023, has allowed the respondent's application holding that the respondent - Bank is entitled to take physical possession of the secured asset and appointing a learned member of the Bar as the Court Commissioner to deliver the possession. This Court on 28.11.2023, while entertaining this petition, has granted an interim order requiring the petitioner to deposit 30% of the loan amount outstanding with the Bank within seven weeks. It is not in dispute that the petitioner has deposited a sum of Rs.24,00,000/- in terms of this order.

3. In the next petition in W.P.No.4588/2025, the petitioner has called in question the sale notice dated 17.01.2025 under Section 13 (4) of the SARFAESI Act while also seeking directions to the bank to consider its representation for a One Time Settlement offering a sum of Rs.40,00,000/-. Ms.Vinitha P.C., the learned counsel for the petitioner, submits that this Court must intervene with the impugned sale notice dated 17.01.2025 under Section 13 (4) of the SARFAE

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