Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 71971 (KAR)

SRI S RADHAKRISHNA v. THE AUTHORISED OFFICER

WP/8298/2022 · 2025-11-20

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:48157 WP No. 8298 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 8298 OF 2022 (GM-RES) BETWEEN: 1. SRI S RADHAKRISHNA AGED ABOUT 59 YEARS S/O LATE SRI S RAMAIAH 2. SRI S NAGARAJ AGED ABOUT 63 YEARS S/O LATE SRI S RAMAIAH CHETTY PETITIONERS NO.1 AND 2 ARE R/AT NO.526, 3RD MAIN 6TH BLOCK 2ND PHASE BANASHANKARI III STAGE BENGALURU - 560 085. 3. SMT R MAHALAKSHMI AGED ABOUT 54 YEARS W/O SRI N KATHIRVEL R/AT NO.10, 4TH CROSS RAMANNAGAR, K K PUDUR COIMBATORE TAMIL NADU …PETITIONERS (BY SRI. KIRAN B.S., ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48157 WP No. 8298 of 2022 AND: 1. THE AUTHORISED OFFICER M/S VYSYA CO-OPERATIVE BANK LTD., OFFICE AT DR.SRI SRI SHIVAKUMARA SWAMIJI CIRCLE B H ROAD TUMAKURU - 572 102. 2. M/S VYSYA CO OPERATIVE BANK LTD., REP BY ITS CHIEF EXECUTIVE OFFICER OFFICE AT DR SRI SRI SHIVAKUMARA SWAMIJI CIRCLE B H ROAD TUMAKURU-572102. 3. SRI RAMESH BABU K N AGED ADULT S/O LATE K S NARAYANASETTY R/AT NO.82/4, SAI RATHNA 4TH FLOOR, 2ND CROSS, 2ND BLOCK THYAGARAJANAGAR BENGALURU-560061. ALSO AT NEW NO.567 3RD FLOOR 10TH CROSS JAYANAGAR 7TH BLOCK BENGALURU - 560 078. 4. SMT K R SADHANA (AGED ADULT) W/O SRI RAMESH BABU K N R/AT NO.82/4, SAI RATHNA, 4TH FLOOR 2ND CROSS, 2ND BLOCK THYAGARAJANAGAR BENGALURU - 560 061. - 3 - HC-KAR NC: 2025:KHC:48157 WP No. 8298 of 2022 5. SMT K R MEGHANA (AGED ABOUT 30 YEARS) D/O SRI RAMESH BABU K N AND W/O BHARGAV R/AT NO.38/2-3 FLAT NO.409, A-BLOCK BRINDAVAN GARDEN APT VASANTHAPURA VILLAGE KANAKAPURA MAIN ROAD DODDAKALLASANDRA BENGALURU - 560 062. 6. SMT K R SAI SINCHANA (AGED ADULT) D/O SRI RAMESH BABU K N R/AT NO.82/4 SAI RATHNA 4TH FLOOR, 2ND CROSS, 2ND BLOCK THYAGARAJANAGAR BENGALURU - 560 061. …RESPONDENTS (BY SRI. SHIVASHANKARA A., ADVOCATE FOR C/R3, 2, 5 & 6 R1 AND R4 - SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED 28.02.2022(ANNEXURE-A) OF THE IX ACMM IN MISC NO.202/2022 BY HOLDING THAT THE SAME IS UNSUSTAINABLE/NOT BINDING AGAINST THE PETITIONERS AND ETC. - 4 - HC-KAR NC: 2025:KHC:48157 WP No. 8298 of 2022 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 the learned counsel appearing for the parties. 2. The petitioners herein are assailing the order dated 28.02.2022 (Annexure-A) passed in Crl.Misc.No.202/2022 on the file of IX Addl. Chief Metropolitan Magistrate at Bengaluru. 3. Perusal of the writ petition would indicate that the respondent-Bank has initiated proceedings under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. - 5 - HC-KAR NC: 2025:KHC:48157 WP No. 8298 of 2022 4. In that view of the matter, the petitioner is having efficacious remedy by approaching the competent Tribunal under the Act. With this observation, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE PSJ List No.: 1 Sl No.: 39 - 6 - HC-KAR NC: 2025:KHC:48157 WP No. 8298 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI S RADHAKRISHNA AND OTHERS VS. THE AUTHORISED OFFICER AND OTHERS] 18.12.2025 (VIDEO CONFERENCING) CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORDER on 'For Being Spoken To' This Court vide order dated 20.11.2025 has disposed of the writ petition relegating the petitioners to approach the competent Tribunal. In that view of the matter, the time spent by the petitioners before this Court shall be condoned under Section 14 of the Limitation Act, in the event, if, the petitioners approach the competent Tribunal. The interim order granted earlier, by this court shall be extended to the benefit of the petitioners for another period of six weeks, in the event petitioners approach the competent Tribunal within four weeks from the date of receipt of this order. This order shall be read along with the main Order dated 20.11.2025. Sd/- (E.S.INDIRESH) JUDGE NM List No.: 1 Sl No.: 1