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2025 DAILYLAW 79948 (KAR)

SMT. LEELAVATHAMMA ALIAS LEELAVATHY NAGARAJ v. THE NATIONAL CO-OPERATIVE BANK LIMITED

WP/7378/2022 · 2025-08-14

Anu Sivaraman

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31707 WP No. 7378 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 7378 OF 2022 (GM-RES) BETWEEN: 1. SMT. LEELAVATHAMMA ALIAS LEELAVATHY NAGARAJ W/O SRI T. NAGARAJ AGED 60 YEARS R/A SY. NO.38, RAJ ESTATE KEERANAGERE, HAROHALLY VILLAGE, KANAKAPURA TALUK RAMANAGAR DISTRICT-562 112. 2. ANITHA N RAJ D/O SRI T NAGARAJ AGED 48 YEARS, RESIDING AT SY.NO.38 RAJ ESTATE, KEERANAGERE, HAROHALLY VILLAGE, KANAKAPURA TALUK, RAMANAGAR DISTRICT-562112 …PETITIONERS (BY SMT. SANDHYA U PRABHU.,ADVOCATE) AND: THE NATIONAL CO-OPERATIVE BANK LIMITED REPRESENTED BY ITS AUTHORIZED OFFICER, ADMIN OFFICE, NO.73/1, GANDHIBAZAR MAIN ROAD, BANGALORE-560004 …RESPONDENT (BY SRI. P ANAND.,ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31707 WP No. 7378 of 2022 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE ISSUED BY RESPONDENT BANK DATED 17/03/2022 PRODUCED AT ANNEXURE-C BEARING NO.REF NCB/AO/703/2021-22 IN RESPECT OF SCHEDULE PROPERTY., ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN ORAL JUDGMENT Learned counsel for the petitioner submits that the petitioner has an efficacious remedy of approaching the DRT under Section 17 of the SARFAESI Act. 2. It is submitted that the petitioner has complied the order dated 22.04.2022 by depositing an amount of Rs.40,00,000/- as directed by this Court. It is further submitted that the amount in demand was Rs.3,11,68,417/-. 3. Having considered the contentions advanced by learned counsel for the petitioner and in view of the fact that an amount of Rs.40,00,000/- has already been - 3 - HC-KAR NC: 2025:KHC:31707 WP No. 7378 of 2022 deposited, I am of the opinion, that the petitioner can be granted a short accommodation to avail of the alternate remedy and to approach the DRT in accordance with an appropriate application.. 4. Accordingly it is hereby directed that further coercive proceedings shall be kept in abeyance for a period of three weeks to enable the petitioner to approach the DRT. Time spent by the petitioner before this Court, shall be taken into account by the DRT while considering the application if any, to be filed by the petitioner. With the above observation, the writ petition stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE NG List No.: 1 Sl No.: 12