- 1 - HC-KAR NC: 2025:KHC:35481 WP No. 26442 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26442 OF 2025 (GM-RES) BETWEEN: MRS ROOPA W/O LATE SANTHOSH C P, AGED ABOUT 40 YEARS, NO.4/80, 4TH WARD, 6TH CROSS, SHREE RAMA BLOCK, K R NAGAR, MYSURU-571602 …PETITIONER (BY SRI. ABHIJITH MM., ADVOCATE) AND: 1. THE CHIEF MANAGER AND AUTHORIZED OFFICER REGIONAL OFFICE, BANK OF BARODA, MYSURU TOWN AND DISTRICT-570001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35481 WP No. 26442 of 2025 2. THE SENIOR BRANCH MANAGER BANK OF BARODA, K R NAGARA BRANCH, K R NAGARA TALUK, MYSURU DISTRICT-571602 …RESPONDENTS (BY SRI. VIGNESH S. SHETTY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING OR SET ASIDE THE IMPUGNED POSSESSION NOTICE DATED 29-07-2025 AND REDEMPTION NOTICE OF IMMOVABLE PROPERTY DATED 01-08-2025 ON BELOW MENTIONED SCHEDULE PROPERTY VIDE ANNEXURE-A AND B RESPECTIVELY ISSUED BY RESPONDENT NO.1. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35481 WP No. 26442 of 2025 ORAL ORDER The petitioner's late husband has availed loan with the respondent - Bank and there is default that has resulted in the initiation of the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act]. The petitioner has called in question such initiation. The petitioner's case in a nutshell is that her husband has died suddenly in the year 2019 and despite all constraints, she has served the loan until June 2024 and that she is in default only because of constraints. Mr. Abijith M. M, the learned counsel for the petitioner, seeks indulgence relying upon the afore circumstances and submits that if this Court would intervene, the petitioner will pay the entire amount due. Mr. Vignesh S. Shetty, the learned counsel for the respondents, submits on, instructions, that the - 4 - HC-KAR NC: 2025:KHC:35481 WP No. 26442 of 2025 petitioner will have to pay an outstanding of Rs.6,00,000/- before 30.09.2025 and that if this amount is paid, the loan will be regularised. These submissions narrow down the canvas for decision, and the decision must be not only in view of the afore but also the petitioner’s case that she is willing to settle the loan. On a careful consideration, this Court opines that the respondents must defer proceedings for a period of four [4] weeks with liberty to the petitioner to offer Rs.6,00,000/- as of today and to regularise the loan if the amount is paid. If the petitioner does not offer this amount within the said period, the respondents must be at liberty to continue the proceedings, but without prejudice to the petitioner to avail alternative remedy. It would be needless to observe that if indeed the petitioner offers the amount as aforesaid, the respondents can always consider - 5 - HC-KAR NC: 2025:KHC:35481 WP No. 26442 of 2025 the terms for closure of the loan. The petition stands disposed of in the afore terms. Sd/- (B M SHYAM PRASAD) JUDGE RB