- 1 - NC: 2025:KHC:16875 WP No. 5767 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5767 OF 2025 (GM-RES) BETWEEN: MRS. BHUVANA CHIDAMBARAM @ BHUVANA R, AGED ABOUT 47 YEARS, W/O. CHIDAMBARAM NARAYAN, RESIDING AT NO. 364-D, HAL 3 STAGE, NEW THIPPASANDRA, BENGALURU - 560 075. …PETITIONER (BY SMT. LATHA R, ADVOCATE) AND: IDBI BANK, ASHWINI COMPLEX, 326, GROUND FLOOR, 6TH MAIN ROAD, 80 FEET ROAD, INDIRANAGAR, BENGALURU - 560 038, BY ITS BRANCH MANAGER. …RESPONDENT (BY SRI. T.P. MUTHANNA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BANK TO PAY THE EXCESS AMOUNT OF RS. 36,95,828/- HELD ALONG WITH INTEREST AT 18 PERCENT FROM DATED 16.06.2021 THE DATE OF SALE TILL REPAYMENT AND ETC., Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16875 WP No. 5767 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a) Issue a writ of mandamus directing the Respondent bank to pay the excess amount of Rs.36,95,828/- held along with interest at 18% from 16/6/2021 the date of sale till repayment as mentioned in The Encumbrance certificate Annexure G. b) Grant such other reliefs as this Hon'ble Court deems appropriate in the circumstances of the case, including the costs of writ petition." 2. Heard Smt. Latha R., learned counsel appearing for the petitioner and Shri T.P. Muthanna, learned counsel appearing for the respondent. 3. The property of the petitioner becomes a subject matter of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Since the borrower had defaulted in payment, the amount that was to be paid by the borrower was at Rs.34,54,011/- and the property is sold at Rs.61,90,000/. - 3 - NC: 2025:KHC:16875 WP No. 5767 of 2025 Therefore, the excess amount that is with the Bank is to the tune of Rs.27,35,989/-. 4. Shri T.P. Muthanna, learned counsel appearing for the respondent - Bank submits that if the petitioner would comply with all the necessities in law, the amount of Rs.27,35,989/-, aforesaid will be paid to the petitioner, within two weeks, from the date of receipt of those documents. 5. In the light of the aforesaid facts, the mandamus issues to the respondent - Bank to pay the petitioner an amount of Rs.27,35,989/-, within the next two weeks on the date of the order being uploaded on the website of the High Court, subject to the petitioner fulfilling all the legal necessities. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 13 CT: BHK