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2026 DAILYLAW 13370 (KAR)

MRS K N NAGARATHNA v. CANARA BANK

WP/4395/2023 · 2026-02-11

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8427 WP No. 4395 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4395 OF 2023 (GM-RES) BETWEEN: MRS. K.N. NAGARATHNA W/O MR. NAGARAJ, AGED ABOUT 54 YEARS, NO.535, SY. NO.25/2, 14TH MAIN ROAD, 16TH CROSS, KARNATAKA D GROUP SOCIETY, SRIGANDADAKAVALU, BANGALORE-560 091. …PETITIONER (BY SRI. SANDHYA U PRABHU.,ADVOCATE(ABSENT) AND: CANARA BANK REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER, NAGARABHAVI 2ND STAGE BRANCH, SRISAISUKRUTHA COMPLEX, OPP.TO BDA COMPLEX, NAGARBHAVI, 2ND STAGE, BANGALORE-560 072. …RESPONDENT (BY SRI. VIGNESH SHETTY.,ADVOCATE(ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BANK NOT TO TAKE ANY COERCIVE ACTION AGAINST THE SCHEDULE PROPERTY TILL THE DISPOSAL OF Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8427 WP No. 4395 of 2023 THE S.A NO.553/2019 AS MENTIONED IN ANNX-D PENDING ON THE FILE OF HONBLE DEBTS RECOVERY TRIBUNAL I AT BANGALORE 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 M.G.S. KAMAL ORAL ORDER This petition is filed questioning the proceedings initiated by the respondent/Bank under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act) and for a direction to respondent/Bank not to take any coercive action against the scheduled property of the petitioner till disposal of S.A.No.553/2019 pending before Debts Recovery Tribunal-I, Bengaluru. 2. This Court by order dated 27.02.2023 had granted interim protection subject to petitioner depositing 20% of the amount due to the respondent/Bank on the terms detailed thereunder. The said order was extended from time to time enabling the petitioner to comply with the same. - 3 - HC-KAR NC: 2026:KHC:8427 WP No. 4395 of 2023 3. By ordered dated 11.04.2023, this Court has noted as under; "The learned counsel appearing for the petitioner submits that the first chunk has been complied with and the learned counsel appearing for the respondent would admit. The learned counsel appearing for the petitioner is directed to comply with the remainder of the interim order and in the event the petitioner would not comply with remainder of the interim order, the interim order would get automatically vacated and the Bank is at liberty to proceed, in accordance with law. Interim order, with the aforesaid conditions, stands extended till the next date of hearing." 4. That the matter has not come up before this Court thereafter. There is neither any appearance of the petitioner nor any material placed on record with regard to either compliance of the interim order or about the status of application in SA No.553/2019 pending before Debts Recovery Tribunal-I, Bengaluru. 5. In that view of the matter, petition is dismissed. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 26