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2026 DAILYLAW 10262 (KAR)

SMT. G. N. JAMUNA BAI v. UNION BANK OF INDIA

WP/8667/2025 · 2026-03-11

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14670 WP No. 8667 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8667 OF 2025 (GM-DRT) BETWEEN: SMT. G. N. JAMUNA BAI W/O LATE G.N. GIRIAPPA, AGED ABOUT 84 YEARS, R/AT NO.3, JAMUNA GIRI, 2ND CROSS, LAKSHMI ROAD, SHANTHINAGAR, BANGALORE -560 027 PRESENTLY RESIDING AT FLAT NO.442, 4TH BLOCK, RANKA PARK APARTMENT, LALBAGH MAIN ROAD, BENGALURU -560 027 …PETITIONER (BY SRI. ANANDARAMA K., ADVOCATE) AND: 1. UNION BANK OF INDIA ASSET RECOVERY BRANCH, BENGALURU NORTH, NO.1234, 1ST FLOOR, 4TH MAIN, OPP. CHANDRA LAYOUT BUS STOP, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14670 WP No. 8667 of 2025 CHANDRA LAYOUT, BANGALORE -560 040 REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER 2. UNION BANK OF INDIA REGIONAL OFFICE KASTURBA ROAD BANGALORE 560001 REPRESENTED BY ITS REGIONAL MANAGER. …RESPONDENTS (BY SRI. LAKSHMI K VARADARAJU, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-CALL FOR RECORDS AND QUASH THE DEMAND NOTICE BEARING REF NO. ARB/708/DN12/2024-25 DATED: 04.09.2024 (ANNEXURE-C) ISSUED BY THE R-1 HEREIN UNDER SEC 13(2) OF THE SARFAESI ACT. 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: 2026:KHC:14670 WP No. 8667 of 2025 ORAL ORDER The present writ petition is filed seeking following prayer: "WHEREFORE, Petitioner prays that this Hon'ble Court be pleased to - a) Call for records; b) Issue a writ of Certiorari or any other appropriate writ or order, quashing the Demand Notice bearing Ref. No.ARB/708/DN12/2024-25 dated 04.09.2024 (Annexure C) issued by the Respondent No.1 herein under Section 13(2) of the SARFAESI Act, in the interest of justice and equity; c) Issue a writ of Certiorari or any other appropriate writ or quashing the Possession Notice order bearing No.ARB/708/PN28/2024-25 dated 17.12.2024 (Annexure G) issued by Respondent No.1 herein under Section 13(4) of the SARFAESI Act read with Rule 8 (1) of the Security Interest Enforcement Rules, 2002, in the interest of justice and equity; d) Issue a writ of Certiorari or any other appropriate writ or order quashing the Notice No.ARB/708/SN30/34/2024-25 for dated Sale bearing 13.02.2025 (Annexure J) issued by Respondent No.1 herein under Rule 8 of the Security Interest Enforcement Rules, 2002, in the interest of justice and equity; e) Issue a writ of Mandamus or any other writ or order directing the Respondent No.1 Bank to consider the representation dated 17.03.2025 (Annexure K) submitted by the Petitioner to Respondent No.1 and regularize the loan account as standard category, in the interest of justice and equity; f) Grant costs of the proceedings. g) Grant such other relief(s) as this Hon'ble Court deems fit to grant in the facts and circumstances of the case." 2. It is submitted by learned counsel appearing for the petitioner that, the petitioner is no more and he died on - 4 - HC-KAR NC: 2026:KHC:14670 WP No. 8667 of 2025 18.01.2026. He submits that some time may be granted, he would bring LRs on record. 3. When the proceedings are initiated by the Bank against the petitioner and as the petitioner is no more, the respondent/Bank has to initiate the proceedings afresh in accordance with law. In that view of the matter, no purpose will be served in bringing the LRs on record in this writ petition. In that view of the matter this court is passing the following: ORDER i. Accordingly, the writ petition is allowed by setting aside the proceedings under the SARFAESI Act, as the petitioner is no more. ii. The respondents are at liberty to initiate afresh proceedings in accordance with law. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 25