- 1 - NC: 2025:KHC:16246 WP No. 9534 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.9534 OF 2025 (GM-RES) BETWEEN: THE MALLESHWARAM CO-OP BANK H.O. NO,102, 7TH CROSS MALLESHWARAM, BANGALORE-560003 REP. BY ITS AUTHORIZED SIGNATORY ASST. MANAGER. …PETITIONER (BY SRI. LOKESH K.V. ADV.,) AND: SRI. SRINIVASA .C SINCE DECEASED REPRESENTED BY LEGAL HEIRS S/O CHIKKAYELLAPPA NO.304. 1ST FLOOR, 1ST B MAIN ROAD, LOTUS SUITES, 4TH BLOCK KORAMANGALA, BENGALURU-560034. 1. SMT. VANITHA .S W/O SRINIVAS .C (MAJOR) NO.304. 1ST FLOOR, 1ST B MAIN ROAD LOTUS SUITES, 4TH BLOCK KORAMANGALA, BENGALURU-560034. 2. SRI. KARTHIK .S S/O SRINIVASA .C (MAJOR) NO.304.1ST FLOOR, 1ST B MAIN ROAD LOTUS SUITES, 4TH BLOCK KORAMANGALA, BENGALURU-560034. 3. SMT. ASHWINI .S W/O KARTHIK .S (MAJOR) NO.304, 1ST FLOOR, 1ST B MAIN ROAD LOTUS SUITES, 4TH BLOCK Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16246 WP No. 9534 of 2025 KORAMANGALA, BENGALURU-560034. …RESPONDENTS - - - THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS BY ISSUING DIRECTION TO THE HONBLE XXXIX ACJM AT BENGALURU COURT TO EXPEDITE HEARING AND THEREAFTER PASS ORDERS IN CRL MISC 7236/2024 VIDE ANNX-A IN ACCORDANCE WITH LAW IN THE ENDS OF JUSTICE & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Sri.Lokesh K.V., learned counsel for the petitioner. 2. The petitioner is before this Court seeking for the following prayer: "Issue a Writ of Mandamus by issuing direction to the Hon'ble XXXIX ACJM at Bengaluru court to expedite hearing and thereafter pass orders in Crl.Misc.7236/2024 vide Annexure-A in accordance with law in the ends of justice." 3. Learned counsel for the petitioner submits that in identical cases, the Co-ordinate Bench has passed the following order. The order of the Co-ordinate Bench reads as follows: "The short grievance of the petitioner is to long pendency of Section 14 application at the hands of - 3 - NC: 2025:KHC:16246 WP No. 9534 of 2025 the jurisdictional Magistrate for the coercive action of loan recovery. Learned Panel Counsel appearing for the Petitioner submits that the “Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002” (for short ‘SARFAESI Act’) has been enacted by the Parliament for the speedy & easy recovery of debts, and therefore, long pendency militates against the intent of legislation. He also points out that the statute prescribes a period of 30 days within which such applications need to be disposed off. 2. Notice to the respondents is dispensed with since there is no requirement in law of issuing such notice in proceedings under Section 14 of the Act and therefore, there is no requirement of issuance of notice in the writ proceedings that arise from such a pending application. 3. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court is broadly in agreement with the submission made on behalf of the petitioner and therefore consistent with a catena of decisions rendered by this Court, the petition is favoured. The learned X Additional Chief Metropolitan Magistrate, Bengaluru, is requested to hear and dispose of the subject application within an outer limit of four weeks in accordance with law and report compliance to the Registrar General of this court." - 4 - NC: 2025:KHC:16246 WP No. 9534 of 2025 4. In that light, the petition deserves to succeed with the same direction that is rendered by the Co-ordinate Bench supra. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RV List No.: 1 Sl No.: 94