Full Judgment Text
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NC: 2026:KHC:5917
WP No. 30068 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 30068 OF 2025 (GM-DRT)
BETWEEN:
MR. KRISHNAMURTHY PADMANABHAN
S/O LATE K.R. KRISHNAMURTHY,
AGED ABOUT 56 YEARS,
R/AT NO. 24/18, 3RD FLOOR (PENT HOUSE)
"MATHRUSHREE NILAYA",
NEAR DODDAMMA TEMPLE,
GOWDRU COLONY, BEHIND GOVT. HIGHER
PRIMARY SCHOOL, HENNUR VILLAGE,
KALYANNAGAR POST,
Digitally
signed by
SUVARNA T
Location:
HIGH COURT
OF
KARNATAKA
BENGALURU - 560 043.
…PETITIONER
(BY SRI. JAYANTHA POOJARY, ADVOCATE)
AND:
MAHILA CO OPERATIVE BANK LTD.,
NO.13 AND 14, SOUTH END ROAD,
SHESHADRIPURAM
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WP No. 30068 of 2025
HC-KAR
BENGALURU - 560 020,
REPRESENTED BY ITS AUTHORISED OFFICER.
…RESPONDENT
(BY SRI. K. RAMA BHAT, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO (I) QUASH
THE NOTICE DATED 24/09/2025 ISSUED BY THE
RESPONDENT BANK TO PETITIONER COMMUNICATING
ABOUT TAKING PHYSICAL POSSESSION OF THE
SCHEDULE PROPERTY WITHIN 7 DAYS BELONGS TO
PETITIONER VIDE ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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NC: 2026:KHC:5917
WP No. 30068 of 2025
HC-KAR
ORAL ORDER
The present writ petition is filed seeking the following
prayer:
"Wherefore, the petitioner prays that this Hon'ble
Court may be pleased to-
(A) To issue a writ in the nature of Certiorari or
any other appropriate writ or order or
direction to quash the notice dated
24/09/2025 issued by the respondent bank
to petitioner communicatingquash / set
aside the impugned orders passed by the
Hon'ble DRT-I, Bengaluru in
I.A.No.1968/2024 in S.A.No.449/2024 on
28.02.2025 ANNEXURE-'A'.
(B) To condone the delay of 476 days, as pleaded
in I.A.No.1968/2024 filed by the petitioner
filed before the Hon'ble DRT-I, Bengaluru in
SA.No.449/2024 and remind the matter to
hear afresh on the merits of the case
ANNEXURE - A1'.
(C) To set aside/quash the Vacating Notice dated
08.08.2025 Ref.Rec / Nanjundeshwara /
2025-2026 ANNEXURE - 'G', including a
consequential relief, as the measures
invoked under SARFAESI Act, 2002 itself, is
in contrary to the provision of the SARFAESI
Act, 2002.
(D) Grant such other relief, which this Hon'ble
Court deems fit under the facts and
circumstance and on question of law, as
stated Supra and in the interest of justice.
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WP No. 30068 of 2025
HC-KAR
2. Learned counsel appearing for the respondent
submits that already SA No.50/2023 that is filed by the
petitioner is dismissed. Thereafter, they have issued this notice
to vacate the premises. It is submitted that without questioning
the order that is passed by the Debts Recovery Tribunal-I, at
Bengaluru in SA No.50/2023 dated 24.01.2023, the petitioner
cannot come before this Court questioning a notice which is
consequent to the dismissal of the SA.
3. Learned counsel appearing for the respondent
submits that he has filed a Crl.Misc.No.50325/2022 before the
XI Addl. Chief Metropolitan Magistrate at Bangalore. If the
petitioner has filed a miscellaneous petition before the CMM
Court, the petitioner has to pursue the said remedy and he
cannot come before the Court questioning the notice that is
issued by the bank.
4. Having heard the learned counsels on either side,
perused the material on record. In the light of the above
submissions, this Court do not find any reasons to interfere
when there is an alternative remedy.
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WP No. 30068 of 2025
HC-KAR
5. Accordingly, this Court is passing the following:
ORDER
i. The writ petition is disposed of giving liberty to the
petitioner to avail the appropriate remedies.
ii. All I.As. in this petition shall stand closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
PSJ
List No.: 1 Sl No.: 15