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2025 DAILYLAW 87006 (KAR)

NAGARAJ N NAIDU v. SUBRAMANYESHWRA CO-OP BANK LTD

WP/5400/2020 · 2025-11-10

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:45523 WP No. 5400 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5400 OF 2020 (GM-RES) BETWEEN: 1. NAGARAJ N NAIDU S/O LATE NAGAPPA AGED ABOUT 43 YEARS, 2. SMT M GAYATHRI W/O NAGARAJ N NAIDU AGED ABOUT 36 YEARS 3. VARUDHINI R N W/O GANESH N N AGED ABOUT 44 YEARS, 4. SMT ARUNA K.R.V.REDDY W/O VENUGOPAL REDDY AGED ABOUT 72 YEARS, ALL ARE R/AT NO.191 SAPTHA SINDHU NILAYA 2ND FLOOR AND 3RD FLOOR, 'G' BLOCK, SAHAKARANAGAR, BENGALURU- 560 092 …PETITIONERS (BY SRI. SARAVANA.S., ADVOCATE) AND: 1. SUBRAMANYESHWRA CO-OP BANK LTD OFFICE AT RAJATHA BHAVANA NO.106, R V ROAD, VISVESWARAPURAM, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45523 WP No. 5400 of 2020 BENGALURU- 560 004 REPT BY ITS MANAGER 2. CHANDRAMOULI REDDY FATHERS NOT KNOWN TO THE PETITIONERS AGED MAJOR 3. MRS SUDHA B S W/O CHANDRAMOULI REDDY AGED MAJOR RESPONDENT NOS. 2 AND 3 ARE R/AT NO.191, SAPTHA SINDHU NILYA, 2ND FLOOR, G BLOCK, SAHAKARANAGAR, BENGALURU-560092 …RESPONDENTS (BY SRI. K.S.VENKATARAMANA., ADVOCATE FOR R1; R2, R3 SERVED, UNREPRESENTED) ------ THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 BANK TO TRANSFER ANY EXCESS AMOUNT FROM OUT OF THE AUCTIONED AMOUNT AFTER DEDUCTING THE TOTAL DUES PAYABLE TO THE BANK AND SUBJECT TO A MAXIMUM OF RS.1,00,00,000/- (RUPEES ONE CRORE) IN FAVOUR OF PETITIONERS. 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 - 3 - HC-KAR NC: 2025:KHC:45523 WP No. 5400 of 2020 ORAL ORDER Heard Learned counsel for the parties. 2. The petitioners claim to be the tenants of the schedule property and accordingly, they have sought for a writ of mandamus against the respondent-Bank to transfer any excess amount from the auctioned amount after deducting the total dues payable to the Bank is concerned. 2. On hearing the learned counsel for the petitioners and on perusal of the writ papers, I am of the view that, in the event the petitioners are aggrieved by the action of the respondent- Bank is concerned, it is open for them to approach the respondent-Bank, if so advised, by making appropriate application/representation. With the aforesaid observation, writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 30