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2026 DAILYLAW 10244 (KAR)

SMT GEETHA DIVAKAR v. M/S SHREE CHARAN SOUHARDHA CO OPERATIVE BANK LIMITED

WP/2370/2025 · 2026-02-11

Ashok S Kinagi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:8342 WP No. 2370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2370 OF 2025 (GM-DRT) BETWEEN: 1. SMT. GEETHA DIVAKAR D/O JOGIHALY MOOD AGED ABOUT 59 YEARS 2. SMT. MADHU D/O D.G. DIVAKAR AGED ABOUT 36 YEARS BOTH RESIDING AT NO. 17/15, “BALAJI NILAYA” 6TH MAIN ROAD, PAPAYA GARDEN BANASHANKARI 3RD STAGE BENGALURU – 560 085. …PETITIONERS (BY SRI. AKSHAY RAJ B.R, ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8342 WP No. 2370 of 2025 AND: M/S. SHREE CHARAN SOUHARDHA CO-OPERATIVE BANK LIMITED, J.P. NAGAR BRANCH, NO.12, 16TH CROSS, 20TH MAIN, OPP. SAMVED SCHOOL, 5TH PHASE, J.P NAGAR, …RESPONDENT (BY SRI. K.V. LOKESH, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 27/11/2024 PASSED BY THE COURT OF THE 8TH ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU COURT, BENGALURU, IN CRL. MISC.NO.5798/2024, VIDE AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:8342 WP No. 2370 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners, aggrieved by the order dated 27.11.2024 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) in Crl.Misc.No.5798/2024, filed this writ petition. The petitioners have an equal efficacious remedy under Section 17 of the SARFAESI Act. 2. The petitioners without exhausting the equal efficacious remedy filed this writ petition. The writ petition filed by the petitioners is not maintainable. Accordingly, writ petition is dismissed. 3. The liberty is reserved to the petitioners to challenge the impugned order before the Debt Recovery Tribunal, if so advised, within 30 days from today. - 4 - HC-KAR NC: 2026:KHC:8342 WP No. 2370 of 2025 Pending application(s), if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB