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2025 DAILYLAW 27152 (KAR)

SMT ANNIYAMMA v. KARNATAKA BANK LTD

WP/15167/2025 · 2025-05-27

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18379 WP No. 15167 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 15167 OF 2025 (GM-RES) BETWEEN: SMT ANNIYAMMA, AGED ABOUT 78 YEARS, W/O LATE MUNISWAMY MUNIRAJU, 520, 5TH CROSS, MAHALAKSHMI LAYOUT, BENGALURU 560086 (PETITONER CLAIMING SENIOR CITIZENSHIP BENEFITS) …PETITIONER (BY SRI. K GURUDHATTA.,ADVOCATE) AND: KARNATAKA BANK LTD, ASSET RECOVERY MANAGEMENT BRANCH, 1ST FLOOR FKCCI BUILDING, K G ROAD, BENGALURU 560001. REPRESENTED BY ITS CHIEF MANAGER …RESPONDENT THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE NOTICE DTD 16.05.2025 WHICH IS AFFIXED ON THE SAID PROPERTY BY DIRECTING THE PETITIONER AND OTHER LEGAL HEIRS OF GAJENDRA M TO IMMEDIATELY VACATE THE SAID PROPERTY WHICH IS PRODUCED IN ANNX-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18379 WP No. 15167 of 2025 ORAL ORDER 1. The petitioner in the instant writ petition has challenged the action of the respondent –Bank which has been initiated under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the Act” for brevity). It is seen that the petitioner is having an alternative and efficacious remedy under Section 17 of the Act. 2. For the said reason, the writ petition is dismissed. 3. The petitioner is at liberty to initiate appropriate proceedings in accordance with law. Sd/- (M.I.ARUN) JUDGE DSP List No.: 1 Sl No.: 36