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2025 DAILYLAW 69874 (KAR)

RAVI S/O THOTAGARIAH v. M/S. THE NATIONAL CO-OPERATIVE BANK LTD

WP/5274/2023 · 2025-12-01

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49800 WP No. 5274 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5274 OF 2023 (GM-RES) BETWEEN: 1. RAVI S/O THOTAGARIAH AGED ABOUT 43 YEARS, R/AT NO.9, GROUND FLOOR, ITTAMADU GRAMA, KHATHA NO.1/1 AND 40/5, NEW NO.2, KATHRIGUPPE VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK. 2. MR. B.M. PRAJWAL S/O. B.S. MANJUNATH, AGED ABOUT 29 YEARS, R/AT NO.454, FIRST FLOOR, 9TH CROSS, BHUBANESWARINAGAR, BANGASHANKARI 3RD STATE, BENGALURU-560 085. …PETITIONERS (BY SRI. SOMASHEKHARAIAH R. P., ADV.) AND: 1. M/S. THE NATIONAL CO-OPERATIVE BANK LTD., NO.73/1, ADMINISTRATIVE OFFICE, GANDHI BAZAAR MAIN ROAD, BENGALURU-560 004 REP. BY ITS AUTHORIZED OFFICER. Digitally signed by NANJUNDACHARI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49800 WP No. 5274 of 2023 2. SMT. JAYAMMA T. W/O. BHASKAR NAIDU T., AGED ABOUT 63 YEARS, R/AT NO.379, OPP. BMTC BUS DEPO, VADDARAPALYA VILLAGE, UTTARAHALLI HOBLI, BENGALURU-560 061. …RESPONDENTS (BY SRI. LOKESH K. V., ADV. FOR R1 R2- SERVED) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE SECTION 14 ORDER IN CRL.MISC.NO.5996/2022 DTD 21.10.2022 PASSED BY THE II ADDL. METROPOLITAN MAGISTRATE AT BENGALURU VIDE ANNX-D AND THE SUBSEQUENT VACATING NOTICE ISSUED BY THE R-1 BANK DTD 11.01.2023 REF. NO.NCB/AO/009/2022-23 ADDRESSING THE R-2 VIDE ANNX-E AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the parties. 2. The petitioners herein are assailing the proceedings dated 21.10.2022 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in Crl.Misc. No.5996/2022. - 3 - HC-KAR NC: 2025:KHC:49800 WP No. 5274 of 2023 3. In view of the fact that the petitioners are having efficacious remedy before the Competent Tribunal, I am of the view that, the writ petition is not maintainable. However, liberty is reserved to the petitioners to approach the Competent Tribunal for redressal of their grievance. 4. In order to enable the petitioners herein to approach the Competent Tribunal, interim order dated 01.06.2023 passed by this Court shall enure to the benefit of the petitioner, for a period of two months from today. 5. With these observations, the writ petition is accordingly disposed of. Sd/- (E.S.INDIRESH) JUDGE MPK CT:bms List No.: 1 Sl No.: 41