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2026 DAILYLAW 13186 (KAR)

M/S RAVI PETROLEUM v. M/S INDUSIND BANK LTD.,

WA/31/2026 · 2026-03-25

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16849-DB WA No. 31 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 31 OF 2026 (GM-RES) BETWEEN: 1. M/S RAVI PETROLEUM A PROPRIETOR CONCERN NO.39/1, SHIVAGANGA KUDUR ROAD GANGYAPURA, NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562111 SMT. T N SHANTHA KUMARI REP. BY GPA HOLDER PRESENTLY RESIDING AT NO. 129 DEFENCE LAYOUT, VIDYARANYAPURA BENGALURU - 560 097 …APPELLANT (BY SRI. RAVI B.V., ADVOCATE) AND: 1. M/S INDUSIND BANK LTD., REGISTERED OFFICE-2401 GENTHIMMAYYA ROAD PUNE - 411 001 REPRESENTED BY ITS MANAGING DIRECTOR 2. AUTHORISED OFFICER INDUSIND BANK LTD., FINANCIAL RESTRUCTURING AND Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16849-DB WA No. 31 of 2026 RECONSTRUCTION GROUP NO.1-10-72, 3RD FLOOR 'ASHOKA JANARDHAN CHAMBERS' BEGUM PET HYDERABAD - 500 016 …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO a. SET ASIDE THE ORDER DATED 18.11.2025 PASSED BY THE HONBLE HIGH COURT OF KARNATAKA IN WP No. 3130/2023 (GM-RES) b. PASS SUCH OTHER ORDER/s AS DEEMS FIT BY THIS HONBLE COURT IN THE CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the accompanying affidavit, IA No.2/2026 is allowed. Delay of 09 days in filing the appeal is condoned. - 3 - HC-KAR NC: 2026:KHC:16849-DB WA No. 31 of 2026 2. The appellant has filed this appeal impugning an order dated 18.11.2025 passed by the learned Single Judge in Writ Petition No.3130/2023 (GM-RES). 3. The appellant had filed the said writ petition, inter alia, praying that the respondent [Indusind Bank] be restrained from taking any coercive measures till his representations are decided. The appellant also prayed that directions be issued to Indusind Bank to restructure the loan borrowed by him in the light of Circulars issued by the Reserve Bank of India. Additionally, the appellant also impugned demand notice issued under Section 13 (2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act]. 4. The learned Single Judge declined to entertain the writ petition on two grounds. First, that the issues involved disputed questions of fact; and second, that the appellant had a remedy under Section 17 of the SARFAESI Act. 5. We find no infirmity with the said decision. The appeal, is accordingly, dismissed. - 4 - HC-KAR NC: 2026:KHC:16849-DB WA No. 31 of 2026 6. Pending applications, if any, are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE TSN List No.: 2 Sl No.: 12