Full Judgment Text
- 1 -
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 6045 OF 2025 (GM-DRT)
C/W
WRIT PETITION NO. 27535 OF 2024 (GM-DRT)
IN WP No. 6045/2025
BETWEEN:
1. M/S MANLEO FOODS PVT LTD.,
REP. BY MR G SHUBHA KUMAR,
C/O GAANESHWARA M S,
AGED ABOUT 35 YEARS,
NO.462, 11TH A CROSS, 7TH A MAIN ROAD,
SECTOR A, YELAHANKA NEW TOWN,
YELAHANKA,
BANGALORE-560064
(THRID PARTY TO LOAD TRANSACTION)
PRIVATE LIMITED COMPANY INCORPORATED AND
REGISTERED UNDER COMPANIES ACT.
2. MR. SRIDHAR BABU K S
S/O SRINIVASA SHETTY K S,
AGED ABOUT 55 YEARS,
PARTNER M/S SAPTHAGIRI AGRO INDUSTRY
R/AT SAPTHAGIRI NILAYA,
4TH CROSS,
NEAR WATER TANK,
Digitally signed
by KIRAN
KUMAR R
Location: HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
VIDYANAGAR,
TUMKUR-572101
(BORROWER/SECURED DEBTOR)
…PETITIONERS
(BY SRI. V MOHAN., ADVOCATE)
AND:
CANARA BANK
ARM BRANCH-I,
2ND FLOOR, SPENCER TOWER,
M G ROAD, BANGALORE-560001
REP. BY AUTHORISED OFFICER,
CHIEF MANAGER,
(BANK REGISTERED UNDER COMPANIES ACT)
…RESPONDENT
(BY SRI. SHETTY VIGNESH SHIVARAM., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE AUCTION SALE NOTICE DTD. 10.02.2025
(ANNX-A) IN RESPECT OF THE SCHEDULE PROPERTIES,
PROPOSING TO CONDUCT THE AUCTION SALE ON 28.02.2025.
IN WP NO. 27535/2024
BETWEEN:
1. MR SRIDHAR BABU K S
S/O.SRINIVASA SHETTY K.S.
AGED ABOUT 55 YEARS
PARTNER, M/S.SAPTHAGIRI AGRO INDUSTRY
R/A.SAPTHAGIRI NILAYA,
4TH CROSS, NEAR WATER TANK,
VIDYANAGAR,
TUMKUR-572101
(BORROWER)
2. MR.NAVEEN K.K.
S/O.K.S. KRISHNA MURTHY
- 3 -
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
AGED ABOUT 45 YEARS
PARTNER, M/S. PADMAVATHI AGRO EXPORTS,
NO 448, PETE BEEDI,
CHIKKANAYAKANAHALLI
TUMKUR DISTRICT - 572214 (BORROWER)
...PETITIONERS
(BY SRI. V MOHAN., ADVOCATE)
AND:
CANARA BANK
ASSET RECOVERY MANAGEMENT BRANCH -ARM-I
2ND FLOOR, M.G.ROAD,
SPENCER TOWERS,
BANGALORE-560001
REPRESENTED BY AUTHORIZED OFFICER/CHIEF MANAGER
(BANKING COMPANY REGISTERED UNDER COMPANIES
ACT, 1949/ LENDER)
...RESPONDENT
(BY SRI. SHETTY VIGNESH SHIVARAM., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE AUCTION SALE CONDUCTED ON 27.09.2024,
ISSUANCE OF SALE CONFIRMATION, SALE CERTIFICATE
PURSUANT TO THE AUCTION SALE DATED 27.09.2024 IN
RESPECT OF THE SCHEDULE PROPERTY-3 AS NOTIFIED IN
THE AUCTION SALE DTD 06.09.2024 VIDE REG. ARM-1/CR-
408/660/2024/TJ SO FOR AS PETITIONERS CONCERNED IN
(ANNEXURE-A) SINCE THERE IS ABUSE OF PROCESS OF
LAW, MATTER IS SUBJUDICE IN WP 26299/2024 IN
RESPECT OF THE SAME SCHEDULE PROPERTY.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
- 4 -
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
ORAL ORDER
1. Learned counsel for the petitioners files separate
memos in both petitions seeking leave of the Court
to withdraw the writ petitions.
2. The memos are placed on record.
3. The writ petitions are dismissed as withdrawn.
4. Learned counsel for the petitioners in W.P. No.27535
of 2024 submits that pursuant to the interim order
passed by this Court, the petitioners have deposited
Rs.10,00,000/- before this Court and the said
amount be released in favour of petitioner No.1.
5. Submission is placed on record.
6. Registry is directed release the said amount of
Rs.10,00,000/- deposited by the petitioners in favour
of petitioner No.1 on proper identification.
- 5 -
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
7. In view of the dismissal of the writ petitions, pending
interlocutory applications, if any, do not survive for
consideration and are accordingly disposed of.
Sd/-
(ASHOK S.KINAGI)
JUDGE
RK
CT:KHV
List No.: 2 Sl No.: 12
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 11 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 6045 OF 2025 (GM-DRT)
C/W
WRIT PETITION NO. 27535 OF 2024 (GM-DRT)
IN WP No. 6045/2025
BETWEEN:
1. M/S MANLEO FOODS PVT LTD.,
REP. BY MR G SHUBHA KUMAR,
C/O GAANESHWARA M S,
AGED ABOUT 35 YEARS,
NO.462, 11TH A CROSS, 7TH A MAIN ROAD,
SECTOR A, YELAHANKA NEW TOWN,
YELAHANKA,
BANGALORE-560064
(THRID PARTY TO LOAD TRANSACTION)
PRIVATE LIMITED COMPANY INCORPORATED AND
REGISTERED UNDER COMPANIES ACT.
2. MR. SRIDHAR BABU K S
S/O SRINIVASA SHETTY K S,
AGED ABOUT 55 YEARS,
PARTNER M/S SAPTHAGIRI AGRO INDUSTRY
R/AT SAPTHAGIRI NILAYA,
4TH CROSS,
NEAR WATER TANK,
Digitally signed
by KIRAN
KUMAR R
Location: HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
VIDYANAGAR,
TUMKUR-572101
(BORROWER/SECURED DEBTOR)
…PETITIONERS
(BY SRI. V MOHAN., ADVOCATE)
AND:
CANARA BANK
ARM BRANCH-I,
2ND FLOOR, SPENCER TOWER,
M G ROAD, BANGALORE-560001
REP. BY AUTHORISED OFFICER,
CHIEF MANAGER,
(BANK REGISTERED UNDER COMPANIES ACT)
…RESPONDENT
(BY SRI. SHETTY VIGNESH SHIVARAM., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE AUCTION SALE NOTICE DTD. 10.02.2025
(ANNX-A) IN RESPECT OF THE SCHEDULE PROPERTIES,
PROPOSING TO CONDUCT THE AUCTION SALE ON 28.02.2025.
IN WP NO. 27535/2024
BETWEEN:
1. MR SRIDHAR BABU K S
S/O.SRINIVASA SHETTY K.S.
AGED ABOUT 55 YEARS
PARTNER, M/S.SAPTHAGIRI AGRO INDUSTRY
R/A.SAPTHAGIRI NILAYA,
4TH CROSS, NEAR WATER TANK,
VIDYANAGAR,
TUMKUR-572101
(BORROWER)
2. MR.NAVEEN K.K.
S/O.K.S. KRISHNA MURTHY
- 3 -
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
AGED ABOUT 45 YEARS
PARTNER, M/S. PADMAVATHI AGRO EXPORTS,
NO 448, PETE BEEDI,
CHIKKANAYAKANAHALLI
TUMKUR DISTRICT - 572214 (BORROWER)
...PETITIONERS
(BY SRI. V MOHAN., ADVOCATE)
AND:
CANARA BANK
ASSET RECOVERY MANAGEMENT BRANCH -ARM-I
2ND FLOOR, M.G.ROAD,
SPENCER TOWERS,
BANGALORE-560001
REPRESENTED BY AUTHORIZED OFFICER/CHIEF MANAGER
(BANKING COMPANY REGISTERED UNDER COMPANIES
ACT, 1949/ LENDER)
...RESPONDENT
(BY SRI. SHETTY VIGNESH SHIVARAM., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE AUCTION SALE CONDUCTED ON 27.09.2024,
ISSUANCE OF SALE CONFIRMATION, SALE CERTIFICATE
PURSUANT TO THE AUCTION SALE DATED 27.09.2024 IN
RESPECT OF THE SCHEDULE PROPERTY-3 AS NOTIFIED IN
THE AUCTION SALE DTD 06.09.2024 VIDE REG. ARM-1/CR-
408/660/2024/TJ SO FOR AS PETITIONERS CONCERNED IN
(ANNEXURE-A) SINCE THERE IS ABUSE OF PROCESS OF
LAW, MATTER IS SUBJUDICE IN WP 26299/2024 IN
RESPECT OF THE SAME SCHEDULE PROPERTY.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
- 4 -
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
ORAL ORDER
1. Learned counsel for the petitioners files separate
memos in both petitions seeking leave of the Court
to withdraw the writ petitions.
2. The memos are placed on record.
3. The writ petitions are dismissed as withdrawn.
4. Learned counsel for the petitioners in W.P. No.27535
of 2024 submits that pursuant to the interim order
passed by this Court, the petitioners have deposited
Rs.10,00,000/- before this Court and the said
amount be released in favour of petitioner No.1.
5. Submission is placed on record.
6. Registry is directed release the said amount of
Rs.10,00,000/- deposited by the petitioners in favour
of petitioner No.1 on proper identification.
- 5 -
NC: 2026:KHC:8534
WP No. 6045 of 2025
C/W WP No. 27535 of 2024
HC-KAR
7. In view of the dismissal of the writ petitions, pending
interlocutory applications, if any, do not survive for
consideration and are accordingly disposed of.
Sd/-
(ASHOK S.KINAGI)
JUDGE
RK
CT:KHV
List No.: 2 Sl No.: 12