- 1 - HC-KAR NC: 2025:KHC:52351 WP No. 1009 of 2023 C/W WP No. 2933 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 1009 OF 2023 (GM-RES) C/W WRIT PETITION NO. 2933 OF 2023 (GM-RES) IN WP No. 1009/2023 BETWEEN: SRI CHANDRAKANTH H. S/O NARAYANA KANAKA AGED ABOUT 36 YEARS RESIDING AT HARAPALLA HOUSE NELYADI POST AND VILLAGE BELTHANGADI TALUK DAKSHINA KANNADA - 574229. …PETITIONER (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: M/S VISHWAKARMA SAHAKARA BANK NIYAMITHA RATHABEEDI MANGALURU-575001 REPRESENTED BY ITS GENERAL MANAGER. …RESPONDENT (BY SRI. KESHAVA BHAT A., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 10.01.2023 VIDE Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52351 WP No. 1009 of 2023 C/W WP No. 2933 of 2023 (ANNEXURE-A) FOR AN AMOUNT OF RS.33,37,573/- (RUPEES THIRTY THREE LAKH THIRTY SEVEN THOUSAND FIVE HUNDRED AND SEVENTY THREE ONLY) ISSUED BY THE RESPONDENT BANK ISSUED UNDER SECTION 13(4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 AS NULL AND VOID; AND ETC. IN WP NO. 2933/2023 BETWEEN: SRI CHANDRAKANTH H S/O NARAYANA KANAKA, AGED ABOUT 36 YEARS, R/AT HARAPALLA HOUSE, NELYADI POST AND VILLAGE, BEITHANGADI TALUK DAKSHINA KANNADA - 574229. ...PETITIONER (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: M/S VISHWAKARMA SAHAKARA BANK NIYAMITHA CARSTREET, MANGALURU - 575001 REPRESENTED BY ITS GENERAL MANAGER (THE RESPONDENT BANK IS REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT). ...RESPONDENT (BY SRI. A. KESHAVA BHAT, ADVOCATE FOR C/RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 - 3 - HC-KAR NC: 2025:KHC:52351 WP No. 1009 of 2023 C/W WP No. 2933 of 2023 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 10.01.2023 VIDE (ANNEXURE-A) FOR AN AMOUNT OF RS.29,22,591/- (RUPEES TWENTY NINE LAKHS, TWENTY TWO THOUSAND AND FIVE HUNDRED AND NINETY ONE ONLY) ISSUED BY THE RESPONDENT BANK UNDER SECTION 13(4) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSESTS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 AS NULL AND VOID. THESE PETITIONS, 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 In these writ petitions, the petitioner is assailing the possession notice dated 10.01.2023 (Annexure-A) issued by the respondent -Bank under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. - 4 - HC-KAR NC: 2025:KHC:52351 WP No. 1009 of 2023 C/W WP No. 2933 of 2023 On careful consideration of the writ papers would indicate that, the petitioner has suffered an award dated 11.11.2021, passed by the Additional Registrar of Co-operative Society in Dispute Nos. JRD/UBF/657/2019-20 and JRD/UBF/658/2019-20 and the petitioner has filed appeal No.43 of 2022 before the Karnataka Appellate Tribunal, Bangalore. In that view of the matter, I am of the opinion that, the petitioner cannot maintain parallel proceedings before this Court on the very same subject matter. In that view of the matter, the writ petitions stand dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 39