- 1 - NC: 2025:KHC:13844 WP No. 10160 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 10160 OF 2024 (GM-RES) BETWEEN: 1. SMT. KANAKAMANI W/O RAMAKRISHNAN AGED ABOUT 73 YEARS SENIOR CITIZEN BENEFIT NOT CLAMIED 2. SRI. SUMAN K R S/O RAMAKRISHNAN AGED ABOUT 47 YEARS BOTH ARE R/AT NO.3442 VBHBS LAYOUT HOSKEREHALLI CROSS, GIRINAGAR BANASHANKARI 3RD STAGE BENGALURU - 560 085 …PETITIONERS (BY SRI. AJAY T., ADV.) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:13844 WP No. 10160 of 2024 AND: M/S SREE CHARAN SOUHARDHA CO-OPERATIVE BANK LTD. (REGISTERED UNDER THE KARNATAKA SOUHARDA SAHAKARI ACT, 1997) HEAD OFFICE: NO.87/1 HB SAMAJA ROAD, GANDHI BAZAAR BASAVANAGUDI, BENGALURU - 560 004 IFSC CODE: SECB0000002 REP. BY ITS AUTHORIZED OFFICER BANK MANAGER / BRANCH MANAGER …RESPONDENT (BY SRI. VISHNU VINAYAK C R., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) SETTING ASIDE THE SECTION 14 ORDER DATED 02/01/2024 PASSED BY THE LEARNED XXXII ADDL. C.M.M., BENGALURU IN CRL. MISC. NO. 6284/2023 VIDE ANNEXURE-AB BY STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF SARFAESI ACT, 2002 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13844 WP No. 10160 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 dated 02.01.2024 in Crl.Misc.No.6284 of 2023. 2. The learned counsel appearing for the petitioners would take this Court through the additional documents that are filed along with a synopsis to demonstrate that there was a memorandum of understanding between the bank and the borrower and in terms of the memorandum of understanding, the discharge of mortgage deeds have been executed. 3. The learned counsel for the respondent would submit that the documents that are produced along with the synopsis are fake and he be reserved liberty to initiate such proceedings for producing such fake documents. - 4 - NC: 2025:KHC:13844 WP No. 10160 of 2024 4. Liberty is reserved to both the *parties to act in accordance with law and if available in law. The petitioners are at liberty to call in question any subsequent action of the bank before the DRT or the impugned action before the DRT, in accordance with law. 5. Reserving such liberty, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KG List No.: 1 Sl No.: 0 * correction carried out vide court order dated 02.05.2025