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2025 DAILYLAW 27540 (KAR)

MR K S NAGENDRA PRASAD v. SURABHI SOUHARDHA CREDIT CO OP BANK

WP/16433/2025 · 2025-06-10

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:19740 WP No. 16433 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 16433 OF 2025 (GM-RES) BETWEEN: 1. MR. K.S.NAGENDRA PRASAD, S/O K.S SREEDHARA MURTHY, AGED ABOUT 55 YEARS, 2. MRS. C K VINUTHA, W/O K.S.NAGENDRA PRASAD, AGED ABOUT 51 YEARS, BOTH ARE R/AT. NO. 499, KODIHALLI ROAD, K E B ROAD, H M DODDI, NEAR GOVT COCOON MARKET, KANAKAPURA, RAMANAGARA - 562 117. …PETITIONERS (BY SMT. KAVITHA N., ADVOCATE) AND: SURABHI SOUHARDHA CREDIT CO-OP BANK, (REG. UNDER KARNATAKA STATE CO-OP SOCIETIES ACT) REP BY ITS CEO/AUTHORIZED OFFICER, HEAD OFFICE AT NO-2, SURABHI SAHAKARI SADAN, 2ND FLOOR, 13TH CROSS, ATTIMABBE ROAD, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19740 WP No. 16433 of 2025 C T BED EXTENSION, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SECTION 14 ORDER PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE IN CRL.MISC NO.126/2024 DATED 20/12/2024 AT RAMANAGARA VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. Petitioners have challenged the order passed in Crl.Misc.No.126/2024 at Annexure - A. 2. In terms of the order at Annexure -A, the petition under Section 14 has been allowed and the Bank was held entitled to take physical possession of the secured asset as described in the petition schedule. Court Commissioner was also appointed. - 3 - HC-KAR NC: 2025:KHC:19740 WP No. 16433 of 2025 3. It is further submitted that the possession had also been taken. 4. Insofar as such proceedings as substantive remedy under Section 17 of the SARFAESI Act is available which is a self contained code, petition is disposed off reserving liberty to the petitioners to take appropriate proceedings as regards action by the respondent - Bank. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 2 Sl No.: 15