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2026 Supreme(Online)(Kar) 10719
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 28218 OF 2025 (GM-DRT)
C/W
WRIT PETITION NO. 29083 OF 2025 (GM-DRT)
IN WP No. 28218/2025
BETWEEN:
SMT. G.KAVITHA RAJAGOPAL AGED ABOUT 40 YEARS C/O. G.K. RAJAGOPAL NAIDU, NO. 81, FERNS MEADOWS, BILESHIVALE MAIN ROAD, SSR GROUP OF INSTITUTIONS, KOTHANUR, BENGALURU NORTH – 560 077 ...PETITIONER
AND:
1. THE AUTHORISED OFFICER CANARA BANK ASSET RECOVERY MANAGEMENT-1 BRANCH, 2ND FLOOR, NO.86, SPENCER TOWER MG ROAD, BENGALURU - 560 001 EMAIL. CB2366@CANARABANK.COM.
2. THE MANAGING DIRECTOR AND CEO CANARA BANK NO.112, JC ROAD, BENGALURU - 560 002.EMAIL. GMMDSCRT@CANARABANK.COM ...RESPONDENTS
IN WP NO. 29083/2025
BETWEEN:
M/S. GAJANANA BUILDERS AND DEVELOPERS A PARTNERSHIP FIRM DULY REGISTERED UNDER THE PROVISIONS OF THE PARTNERSHIP ACT, HAVING ITS OFFICE AT NO.07, 2ND FLOOR, N L ENCLAVE, KEMPEGOWDA ROAD, NEAR UTTAM SAGAR HOTEL, RAMAMURTHYNAGAR BENGALURU NORTH – 560 016 REPRESENTED BY ITS GPA HOLDER MR. G K RAJAGOPAL NAIDU S/O G KRISHNA NAIDU, AGED ABOUT 43 YEARS, RESIDING AT NO.88, FERNS MEADOWS, BILESHIVALE MAIN ROAD, BENGALURU – 560 077 ...PETITIONER
AND:
1. THE AUTHORIZED OFFICER CANARA BANK ASSET RECOVERY MANAGEMENT-1 BRANCH, 2ND FLOOR, NO.86, SPENCER TOWER MG ROAD, BENGALURU – 5600 01 EMAIL.cb2366@canarabank.com
2. THE MANAGING DIRECTOR AND CEO CANARA BANK NO.112, J.C.ROAD, BENGALURU – 56 0002 EMAIL.gmmdscrt@canarabank.com ...RESPONDENTS
(BY SRI. K.G.RADHAVAN, SR.COUNSEL A/W SRI. VIGNESH SHETTY, ADVOCATE FOR R1 AND R2; SRI. D.R.RAVISHANKAR, SR.COUNSEL FOR SRI.V.R.VINAYAKUMAR ADVOCATE FOR IMPLEADING APPLICANT ON IA2/25; SRI.UDAY HOLLA, SR.COUNSEL A/W SRI. MANJUNATH.S, ADVOCATE)
SD/-
(LALITHA KANNEGANTI)
JUDGE
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE CANCELLATION LETTER DATED 10.09.2025 BEARING REF- ARM-1/CR-435/395/202526 ISSUED BY THE RESPONDENT BANK AT ANNEXURE – A AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT BANK TO CONSIDER THE PETITIONERS REQUEST DATED 29.08.2025 TO ISSUE SALE CERTIFICATE AT ANNEXURE K, AND TO PASS APPROPRIATE ORDERS IN ACCORDANCE WITH THE LAW AND ETC.,
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CANCELLATION LETTER DTD. 10.09.2025 BEARING REF.ARM-1/CR-435/394/2025 ISSUED BY THE RESPONDENT BANK AT ANNX-A AND DIRECT THE RESPONDENT BANK TO ISSUE SALE CERTIFICATE AND TO PASS APPROPRIATE ORDERS IN ACCORDANCE WITH THE LAW AND ETC,
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED ON 09.12.2025, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
CAV ORDER
1. The writ petition No.28218/2025 is filed seeking the following prayer:
"PRAYER Wherefore, it is most respectfully prayed that this Hon'ble Court be pleased to;
a. Issue a Writ of Certiorari and Quash the cancellation letter dated 10.09.2025 bearing Ref:ARM-1/CR-435/395/202526 issued by the Respondent Bank at Annexure A.
b. Issue a Writ of Mandamus directing the Respondent Bank to consider the Petitioner's request dated 29.08.2025 to issue sale certificate at Annexure J, and to pass appropriate orders in accordance with the law.
c. Pass such other orders as this Hon'ble Court deems fit to grant, including cost of the proceedings, in the interest of justice and equity."
2. The writ petition No.29083/2025 is filed seeking the following prayer:
"PRAYER Wherefore, it is most respectfully prayed that this Hon'ble Court be pleased to;
a. Issue a Writ of Certiorari and Quash the cancellation letter dated 10.09.2025 bearing Ref:ARM-1/CR-435/394/2025 issued by the Respondent Bank at Annexure A.
b. Issue a Writ of Mandamus directing the Respondent Bank to issue sale certificate and to pass appropriate orders in accordance with the law.
c. Pass such other orders as this Hon'ble Court deems fit to grant, including cost of the proceedings, in the interest of justice and equity."
The facts of the case in WP.No.28218/2025 are:-
3. It is the case of the petitioner that the petitioner is the successful bidder and auction purchaser of the property and remitted an amount of Rs.4,01,64,250/- being 25% of the bid amount with the respondent/Canara Bank on 24.02.2025 and was awaiting the respondent Bank to issue the sale certificate after accepting remaining 75% of the amount i.e., Rs.12,04,92,750/- of the bid amount. The respondent/Bank also issued sale intimation letter dated 24.02.2025 confirming the petitioner as the successful bidder. It is the case of the petitioner that she was making arrangements to remit the remaining 75% of the bid amount to be deposited with the respondent/Bank within the timeline mentioned under the sale intimation letter. However, she came to know that the original borrower approached this Court and filed WP.No.6510/2025 on 04.03.2025 challenging the entire auction proceedings and a Co-ordinate Bench of this Court granted interim order of status quo on 14.03.2025. The respondent/Bank purportedly issued an intimation letter dated 12.03.2025 which however, was not communicated contemporaneously to the petitioner but was sent only on 18.03.2025 through e-mail which was sent during the subsistence of the interim order of stay dated 14.03.2025 granted in WP.No.6510/2025. The petitioner had responded to the said communication vide e-mail dated 19.03.2025 highlighting that in view of the subsisting status quo order of this Court, the intimation dated 12.03.2025 carries no legal efficacy and cannot be acted upon unless and until the said interim order is vacated by this Court. It is the case of the petitioner that she w
