Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 42669 (KAR)

M/S MANISHA NATUROPATHY AND WELNESS CENTRE PVT LTD v. BANK OF BARODA

WP/38835/2025 · 2025-12-26

C M Poonacha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:54785 WP No. 38835 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 38835 OF 2025 (GM-DRT) BETWEEN: 1. M/S MANISHA NATUROPATHY AND WELNESS CENTRE PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 REG BY DIRECTOR SMT.SHANTA, SUDHIR M/S. MANISHA NATUROPATHY AND WELLNESS CENTRE PVT LTD. REGISTERED OFFICE AT NO.26/1, INDUSTRIAL SUBURB, SUBRAMANYA NAGAR, BENGALURU-560021. UNIT AT NIRA WELLNESS CENTER, COMMERCIAL LAYOUT, SITUATED AT SY.NO. 16/1, KUMBARAHALLI ESTATE, MAGALU VILLAGE, YESLUR HOBLI, SAKALESHPUR TALUK, HASSAN-573137. 2. MRS. SHANTA SUDHIR W/O. LATE. SRI.B.S.SUDHIR AGED ABOUT 62 YEARS, R/AT. FLAT NO.B-102, BRIGADE GATEWAY APARTMENTS, NEAR ORION MALL, YESHWANTHPURA, BENGALURU-560086. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54785 WP No. 38835 of 2025 ALSO AT. KUMBRAHALLI ESTATE, SAKALESHAPURA THALUK, KUMBARAHALLI, YESLUR, SAKALESHAPURA, HASSAN-573137 …PETITIONERS (BY SRI. ABHISHEK HUDDAR., ADVOCATE) AND: BANK OF BARODA REP BY ITS MANAGER (AUTHORIZED OFFICER) OFFICE AT. BANK OF BARODA, BRIGADE ROAD BRANCH, 41/2, GROUND FLOOR, VIJAYA TOWER, M. G. ROAD, TRINITY CIRCLE, BENGALURU-560001. …RESPONDENT (BY SRI. VIGNESH SHETTY., ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE NOTICE DATED 02.12.2025 ISSUED BY THE RESPONDENT BANK AT ANNX-C. DIRECT THE RESPONDENT BANK TO PROVIDE 6 TO 8 MONTHS TIME SO AS TO ENABLE THE PETITIONERS TO REGULARIZE THE LOAN ACCOUNT AS PER ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:54785 WP No. 38835 of 2025 ORAL ORDER The present writ petition is filed calling in question the possession notice dated 02.12.2025 issued by the respondent/Bank under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021. 2. There exists an alternative efficacious remedy under Section 17 of the SARFAESI Act. 3. Hence, the present writ petition is disposed of, reserving liberty to the petitioner to avail other remedies available under law. Sd/- (C.M. POONACHA) JUDGE SMC List No.: 1 Sl No.: 107 1 hereinafter referred to as 'SARFAESI Act'