Full Judgment Text
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NC: 2026:KHC:6425
WP No. 61037 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 61037 OF 2016 (GM-RES)
BETWEEN:
1. MR. PRASHANTH MACHAIAH
AGED ABOUT 50 YEARS
S/O LATE PODANOLANDA MACHAIAH
REPRESENTED BY SPA HOLDER P2
2. MRS NEETU MACHAIAH
AGED ABOUT 42 YEARS
2/O MR PRASHANTH MACHAIAH
BOTH RESIDING AT NO.102
BRIGADE PARKWAY, #2636
ND
2 MAIN, V.V. MOHALLA
MYSORE - 570 002.
…PETITIONERS
(BY SRI. SYED KHAMRUDDIN .,ADVOCATE)
AND:
1. SRI VAASUDEVAN G
AGED ABOUT 22 YEARS
S/O SRI B V GOPINATH
2. SRI B V GOPINATH
AGED ABOUT 47 YEARS
S/O SRI VISHWANATH
Digitally
signed by
SUMA B N
Location:
HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC:6425
WP No. 61037 of 2016
HC-KAR
BOTH RESIDING AT NO.35/1
ND ND
2 FLOOR, 2 CROSS
CAMBRIDGE ROAD, ULSOOR
BANGALORE-560 008.
3. CORPORATION BANK
DOMLUR LAYOUT BRANCH
TH
NO.294, 7 CROSS
DOMLUR LAYOUT
BANGALORE-560 071
REPRESENTED BY ITS
AUTHORISED OFFICER.
…RESPONDENTS
(V/O DATED 22.07.2025, R1 7 R2 ARE DELETED FROM
THE ARRAY OF PROCEEDINGS;
BY SRI. V B RAVISHANKAR.,ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R-3 TO RESTORE THE PHYSICAL POSSESSION OF THE
SCHEDULE APARTMENT TO THE PETITIONERS
FORTHWITH; DIRECT R-3 TO PAY TO THE PETITIONERS
THE AMOUNT LOST BY WAY OF DAMAGES.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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NC: 2026:KHC:6425
WP No. 61037 of 2016
HC-KAR
ORAL ORDER
Petitioner who claimed to have purchased the petition
schedule property from respondent Nos.1 and 2 in terms of
registered deed of sale dated 22.07.2013 is before this Court
seeking following reliefs:
''1. Directing the respondent No.3 Bank to restore the
physical possession of the Schedule Apartment to the
Petitioners forthwith.
2. Directing the respondent No.3 Bank to pay to the
Petitioners the amount lost by way of damages.
3. Direct the respondent No.3 Bank to pay the costs of
this petition.''
2. Learned counsel for the petitioner submits that the
petition schedule property has not been offered as a security
against any financial transaction, on behalf of respondent Nos.1
and 2 in favour of respondent No.3-Bank. He further submits in
the absence of petition schedule property, being subject matter
of any financial transaction, respondent No.3-Bank without any
notice or information to the petitioner has taken physical
possession of the property. However, he submits that
possession of the property was taken by respondent No.3-Bank
purportedly in exercise of the powers conferred under the
provisions of the Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest (SARFAESI) Act,
2002. Petitioner having no other effective alternate remedy
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NC: 2026:KHC:6425
WP No. 61037 of 2016
HC-KAR
was constrained to approach this Court. Hence, seeks for
allowing of the petition.
3. Heard and perused the records.
4. As submitted by the learned counsel for the petitioner,
if the possession of the property has been taken by the
respondent No.3-Bank in purported exercise of power under the
provisions of the SARFAESI Act, 2002, effective remedy to the
petitioner who is aggrieved by the same is under Section 17 of
SARFAESI Act, 2002.
5. Reserving liberty to the petitioner to approach the
Competent Authority under Section 17 of the SARFAESI Act,
2002.
6. Keeping open all the questions to be urged, petition is
disposed of .
7. Time consumed in prosecuting the present petition, be
exempted for the purpose of limitation.
Sd/-
(M.G.S. KAMAL)
JUDGE
RL/- List No.: 1 Sl No.: 5