- 1 - NC: 2025:KHC:14361 WP No. 6304 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6304 OF 2025 (GM-RES) BETWEEN: SMT. GUNASHEELA W/O SHANKAR, AGED ABOUT 34 YEARS, R/AT MANGIPALYA VILLAGE, SANKIGHATTA POST, THIPPASANDRA HOBLI, RAMANAGARA DISTRICT - 562 131 …PETITIONER (BY SRI. MANJULA DEVI M G., ADVOCATE) AND: THE AUTHORIZED OFFICER THE BENGALURU DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED, OFFICE NO.2, G M C BANK CAMPUS, PAMPAMAHAKAVI ROAD, CHAMARAJAPET, BENGALURU-560018 …RESPONDENT (BY SRI. K.V. LOKESH, ADV. FOR C/R) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-A2 AND B ISSUED BY THE RESPONDENT DATED 09/07/2024 ISSUED UNDER SECTION 13 (2) OF SARFAESI ACT IN NO.BDCCB/HO/LEGAL /1184/2024-25 AND POSSESSION NOTICE UNDER RULE 8 (1) OF SECURITY INTEREST (ENFORCEMENT) RULES, 2002 DATED 06/02/2025 IN NO.BDCCB/HO/LEGAL/4023/2024-25 RESPECTIVELY AND ETC. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14361 WP No. 6304 of 2025 THIS PETITION, COMING ON FOR ORDERS, 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 prayer: "(i) Issue Writ of Certiorari to quash the Annexure-A2 and Annexure - B issued by the respondent dated 09/07/2024 issued Under Section 13(2) of SARFAESI Act in No.BDCCB/HO/LEGAL/1184/2024- 25 and Possession Notice under Rule 8(1) of Security Interest (Enforcement) rules, 2002 dated 06/02/2025 in No.BDCCB/HO/LEGAL/4023/2024-25 respectively. (ii) Issue Writ of Prohibition prohibiting the respondent bank not to take the possession of the schedule house without following the due process of law. (iii) Issue Writ of Mandamus directing the respondent bank, to follow the principles of the natural justice. (iv) Grant such other relief/s deems-fit in the circumstances of the above said case." 2. This Court, grants an interim order on 03.03.2025, which reads as follows: "Heard the learned counsel appearing for the petitioner and the learned counsel, Sri. K.V. Lokesh, appearing for the respondent. - 3 - NC: 2025:KHC:14361 WP No. 6304 of 2025 Sri. K.V. Lokesh, learned counsel is directed to accept notice for the respondent. Learned counsel appearing for the petitioner is directed to serve a copy of the petition papers upon the aforesaid learned counsel. The impugned notice dated 16.03.2024 indicates that the amount in due is Rs.4,59,213/-, interest is Rs.5,23,012/- and compound interest is Rs.92,730/- put together a whooping figure of Rs.10,74,955/- is projected for outstanding Rs.4,59,213/-. Be that as it may. Four weeks or on or before 31.03.2025, whichever is earlier, is granted to the petitioner to deposit Rs.4,59,213/-. Insofar as the interest is concerned, the petitioner is directed to approach the respondent – Bank and to sit with them and settle the issue. Therefore, there shall be an interim order of stay of all further proceedings pursuant to the impugned notice dated 16.03.2024, subject to the aforesaid condition. List the matter on 03.04.2025." 3. The learned counsel appearing for the bank submits that the interim order has been complied with and would further submits that if the petitioner undertake to regularise the amount, the petition itself can be disposed. 4. Learned counsel for the petitioner submits that if six weeks time is granted, the account would be regularised, but - 4 - NC: 2025:KHC:14361 WP No. 6304 of 2025 has a difficulty with the imposition of interest by the bank which is exorbitant, is the submission. 5. Therefore, it is for the petitioner to represent and get the interest tweaked at the hands of the bank. However, I deem it appropriate to dispose the petition with the direction to the petitioner to regularise the account, within the next six weeks. 6. Till such time, no precipitative action shall be taken against the petitioner's property. 7. With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 2 Sl No.: 12