SRI KARIBASAVESHWARA v. SIR M VISVESVARAYA CO OPERATIVE BANK
WP/50912/2019 · 2025-10-13
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80713 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80713 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40228 WP No. 50912 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.50912 OF 2019 (GM-RES) BETWEEN:
1.
SRI. KARIBASAVESHWARA EDUCATIONAL AND RURAL DEVELOPMENT TRUST (R) SRI. KARIBASAVESHWARA EDUCATION SOCIETY T. GOLLAHALLI ELECTRONIC CITY POST BENGALURU - 560100 REPRESENTED BY ITS SECRETARY.
2.
SRI B SATISH S/O BISTAPPA AGED ABOUT 38 YEARS
3.
SRI. BISTAPPA S/O LATE NANJUNDAPPA AGED ABOUT 72 YEARS
4.
SRI. B. AJJAPPA S/O BISTAPPA AGED ABOUT 44 YEARS
5.
SMT. PATIL SHANTHA W/O AJJAPPA AGED ABOUT 34 YEARS
6.
SRI. C.B. SHASHIDHAR S/O BISTAPPA AGED ABOUT 33 YEARS
ALL ARE RESIDENTS OF T. GOLLAHALLI
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:40228 WP No. 50912 of 2019
ELECTRONIC CITY POST BENGALURU - 560100. …PETITIONERS
(BY SRI. V S RAVINDRA HOLLA, ADVOCATE (ABSENT)) AND:
1.
SIR. M. VISVESVARAYA CO. OPERATIVE BANK LIMITED BANK LIMITED RAJESHWARINAGAR BRANCH NO.109, CORPORATE OFFICE SHANKARAPURAM BENGALURU.
REPRESENTED BY AUTHORISED OFFICER.
…RESPONDENT (BY SRI. K.V. LOKESH, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGEND POSSESSION NOTICE DATED 18.10.2019 VIDE ANNEXURE-J ISSUED BY THE RESPONDENT;
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2025:KHC:40228 WP No. 50912 of 2019
ORAL ORDER There is no representation on behalf of the petitioners. Learned counsel for the respondent-Bank is present.
2. In this writ petition, the petitioners have challenged the Possession Notice dated 18.10.2019 (Annexure-J) inter-alia sought for direction to the respondent-Bank to consider the representation dated 13.09.2019 (Annexure-H).
3. It is submitted by the learned counsel appearing for the respondent-Bank that the proceedings has been initiated under the SARFAESI Act (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act), 2002 and further the interim order granted by this court has not been complied with.
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HC-KAR NC: 2025:KHC:40228 WP No. 50912 of 2019
4. In that view of the matter, taking into
consideration that the petitioners herein have challenged the Possession Notice dated 18.10.2019 (Annexure-J), I am of the view that no relief could be granted to the petitioners in this petition. Accordingly the petition is dismissed.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 5