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THE HIGH COURT OF KARNATAKA
D K Singh, T.M. Nadaf, JJ
C.K. Harsha – Appellant
Versus
Mahadeshwara Bricks – Respondent
| Table of Content |
|---|
| 1. summary of procedural challenges in sarfaesi auction sales. (Para 1 , 2) |
| 2. requirement of express borrower consent for reserve price reduction under rule 9(2). (Para 4 , 5 , 6 , 7 , 8 , 9) |
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER SETTING ASIDE THE IMPUGNED ORDER DATED 20.08.2025 PASSED BY THE HON’BLE DRAT, CHENNAI IN R.A. No. 133 OF 2013 (ANNEXURE-A) UPHOLDING THE ORDER PASSED BY THE HONBLE DRT, BENGALURU IN S.A. No. 465/2012 AND THEREBY, UPHOLD THE SALE CONDUCTED BY THE BANK AND THE SALE CERTIFICATE DATED 29.10.2011 ISSUED IN FAVOUR OF THIS PETITIONER/AUCTION PURCHASER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
(PER: HON'BLE MR. JUSTICE T.M.NADAF)
This Writ Petition is filed invoking the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, by the auction purchaser assailing the order dated 20.08.2025 passed by the Debt Recovery Appellate Tribunal11 the DRAT, for short, Chennai in R.A.No.133/2013 (Annexure-A).
2. The DRAT un
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