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2025 DAILYLAW 90860 (KAR)

SRI MALLESH GOWDA v. RESERVE BANK OF INDIA

WP/16014/2022 · 2025-12-09

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52440 WP No. 16014 of 2022 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.16014 OF 2022 (GM-RES) BETWEEN: 1. SRI MALLESH GOWDA S/O LATE BALAIAH AGED ABOUT 67 YEARS PROPRIETOR OF M/S I PHARMACEUTICALS AT NO 45/1, GROUND FLOOR, RAMARAO LAYOUT, 3RD CROSS, KATHRIGUPPE MAIN ROAD BSK 3RD STAGE, BANGALORE - 560085. 2. SMT. JAYALAKSHMI W/O MALLESH GOWDA AGED ABOUT 61 YEARS R/AT FLAT NO 003, GANGOTHRI PAVITHRA PARADISE DR VISHNUVARDHAN ROAD PADMANABANAGAR, BANGALORE-560061. 3. SRI ABHISHEK M S/O MALLESH GOWDA AGED ABOUT 31 YEARS R/AT FLAT NO 003, GANGOTHRI PAVITHRA PARADISE DR VISHNUVARDHAN ROAD PADMANABANAGAR, BANGALORE 560061. …PETITIONERS (BY SRI. VENKATARAMANA.K.S., ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52440 WP No. 16014 of 2022 AND: 1. RESERVE BANK OF INDIA NRUPATHUNGA ROAD BENGALURU - 560001 BY ITS CHAIRMAN 2. CANARA BANK PADMANABHANAGAR BRANCH NO 24, 5TH CROSS, 80 FEET ROAD R K LAYOUT, PADMANABHANAGAR BANGALORE - 56070 BY ITS AUTHORIZED OFFICER. …RESPONDENTS (BY SRI. T.YUGANDHAR, ADV. FOR R2; R1 - SERVED UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 BANK TO CONSIDER THE LETTER DTD 05.08.2022 VIDE ANNEXURE- L, QUASH THE SALE NOTICE DTD 30.07.2022 VIDE ANNEXURE- J, ISSUED R2 UNDER THE PROVISIONS OF SARFAESI ACT 2002 R/W PROVISO RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 AND ETC. 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:52440 WP No. 16014 of 2022 ORAL ORDER Heard learned counsel appearing for the parties. 2. In this writ petition, the petitioners are seeking direction to the respondent-Bank to consider the case of the petitioners for 'One-Time Settlement' in respect of the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'). 3. In view of the judgment of the Hon'ble Supreme Court in the case of Bijnor Urban Co-operative Bank Limited, Bijnor & Others vs. Meenal Agarwal & Others reported in AIR 2022 SC 56, I am of the view that this Court under Article 226 of the Constitution of India, cannot direct the respondent-Bank to consider 'One-Time Settlement' offer to be made by the petitioners. In that view of the matter, no interference is called for and accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SMJ; List No.: 1 Sl No.: 27