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2025 DAILYLAW 25442 (KAR)

RAMANAIAH @ RAMANA REDDY v. ICICI BANK LTD

WP/12988/2025 · 2025-06-03

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18669 WP No. 12988 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12988 OF 2025 (GM-RES) BETWEEN: RAMANAIAH @ RAMANA REDDY, AGED ABOUT 44 YEARS, S/O VENKATESHWARLU, R/AT NO.2132, 16TH B MAIN, HAL 2ND STAGE, INDIRANAGAR, BANGALORE - 560 038. …PETITIONER (BY SRI. SHRAVAN S. LOKRE, ADVOCATE) AND: 1. ICICI BANK LTD., (REPRESENTED BY ITS MANAGER) OFFICE AT NO.4/10, MYTHREE TOWERS, BOMMANAHALLI HOSUR MAIN ROAD, BANGALORE - 560 068. 2. PRAFULLA MUKHI, W/O KASI SRINIVAS, AGED ABOUT 65 YEARS, RESIDING AT NO.1791, 9TH CROSS, 5TH MAIN, R.P.C LAYOUT, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18669 WP No. 12988 of 2025 VIJAYANAGAR 2ND STAGE, BANGALORE - 560 140. 3. KASI SRINIVAS S/O (FATHER NAME NOT KNOWN), AGED ABOUT 70 YEARS, RESIDING AT NO.1791, 9TH CROSS, 5TH MAIN, R.P.C LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE - 560 140. 4. DR SNEHA SRINIVAS, D/O KASI SRINIVAS, AGED ABOUT 37 YEARS, RESIDING AT NO.1791, 9TH CROSS, 5TH MAIN, R.P.C LAYOUT, VIJAYANAGAR 2ND STAGE, BANGALORE - 560 140. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE IMPUGNED NOTICE ISSUED BY THE R1 BANK DATED 11/02/2025 (ANNX-A) AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:18669 WP No. 12988 of 2025 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a. Issue a Writ of Certiorari or of any other similar nature seeking to quash the impugned notice issued by the Respondent No.1 Bank dated 11-02-2025 (Annexure -'A'); b. Issue a Writ of Mandamus or any other similar nature directing the Respondent No.1 bank not to dispossess the petitioner without due process of law. c. Grant such other relief(s) as this Hon'ble Court may deem fit and necessary in the above writ petition in the interest of justice and equity." 2. The petitioner is said to be the lessee in the premises owned by the borrower. Defaults of which had lead the Bank to initiate proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 3. Shri Francis Xavier, learned counsel representing the respondent - Bank would now submit that the loan has been cleared by the borrower himself and account has been - 4 - HC-KAR NC: 2025:KHC:18669 WP No. 12988 of 2025 regularized and there is no threat of dispossession to the petitioner. 4. In that light, the petition is rendered infructuous and is disposed as having become infructuous. 5. Liberty is reserved to the petitioner to knock at the doors of the appropriate fora in case of need. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 3 Sl No.: 58 CT: BHK