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2025 DAILYLAW 89932 (KAR)

SMT GANGAMMA v. THE AUTHORIZED OFFICER AND MANAGER

WP/25007/2022 · 2025-12-18

Lalitha Kanneganti

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54245 WP No. 25007 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25007 OF 2022 (GM-DRT) BETWEEN: SMT. GANGAMMA AGED ABOUT 39 YEARS W/O SRI. L. SOMANNA RESIDING AT 9/A, 4TH CROSS GIRIDARSHINI LAYOUT, ALANAHALLI, MYSORE - 570 010. …PETITIONER (BY SMT. BHAT VEENA VENKATARAMAN, ADVOCATE) AND: THE AUTHORIZED OFFICER AND MANAGER TUMKUR GRAIN MERCHANT'S CO-OPERATIVE BANK LIMITED, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54245 WP No. 25007 of 2022 ADMIN OFFICE, B.H. ROAD, TUMKUR - 572 103 …RESPONDENT (BY SRI. B.S. MAHENDRA, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE GRANT OF AN INTERIM INJUNCTION IN THE PRESENT SUIT TO RESTRAIN THE RESPONDENT, FROM ALL SARFAESI PROCEEDINGS BY STAYING THE POSSESSION NOTICE ISSUED BY THE RESPONDENT ANNEXURE-A2 BY ISSUING APPROPRIATE DIRECTIONS TO THE RESPONDENT AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:54245 WP No. 25007 of 2022 ORAL ORDER The present writ petition is filed seeking for the following prayers: "1. Issue a writ of mandamus or any other writ as applicable to allow the grant of an interim injunction in the present suit to restrain the Respondent by Annexure-A2, from all SARFAESI proceedings by staying the possession notice issued by the Respondent, by issuing appropriate directions to the Respondent, which this Hon'ble High Court deems it fit, 2. To pass the order for restraining further SARFAESI proceedings like taking physical possession (under necessary and/or appropriate order) and sale of mortgaged property by the Respondent, by directing the Respondent to accept any payments by the Petitioner, as directed by this Hon'ble High Court, 3. Pass such other order or direction that this Hon'ble High court deems fit to pass in the circumstances of the case." 2. On 13.12.2022, the Co-ordinate Bench of this Court granted an interim order on the condition that the petitioner shall deposit 10% of the outstanding amount within four weeks from that date and the remaining 10% of the outstanding amount within period of four weeks thereafter. The said interim order has been extended from time to time. - 4 - HC-KAR NC: 2025:KHC:54245 WP No. 25007 of 2022 3. When this matter came up before this Court on 15.12.2025, the Court observed that the outstanding amount was Rs.36,00,000/- and directed the petitioner to file an affidavit before 18.12.2025 stating as to when the petitioner is going to pay the said amount. It was made clear that, if the affidavit is not filed before 18.12.2025, the writ petition would be dismissed on that ground. 4. Today, the learned counsel appearing for the petitioner submits that the Bank is not giving the correct details. The Bank has already placed before this Court the details of the outstanding amount. Without any valid legal ground, the petitioner has been enjoying the interim order since 2022. 5. This Court do not find any reason to grant any relief in this writ petition, as the petitioner has an effective alternative remedy. Hence, this Court is passing the following: - 5 - HC-KAR NC: 2025:KHC:54245 WP No. 25007 of 2022 ORDER i. Accordingly, the writ petition is dismissed. ii. The petitioner is permitted to avail the appropriate remedy available in law, subject to limitation. iii. All IA., in this writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 12