Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 14706 (KAR)

SMT NIRMALA v. THE BHARAT CO OPERATIVE BANK LTD

WP/4395/2022 · 2026-02-11

M G S Kamal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:8253 WP No. 4395 of 2022 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 2022 (GM-RES) BETWEEN: SMT. NIRMALA W/O KANTHARAJU H.S., AGED ABOUT 40 YEARS RESIDING AT HANIYUR VILLAGE SINGARAJAPURA HOBLI CHANNAPATNA TOWN RAMANAGARA-562 160. …PETITIONER (BY SRI. LIKITH R. PRAKASH.,ADVOCATE) AND: THE BHARAT CO-OPERATIVE BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER OFFICE AT NO.30, 15TH CROSS, 3RD BLOCK JAYANAGAR, BENGALURU-560 011. …RESPONDENT (BY SRI. LOKESH K V.,ADVOCATE FOR CR/RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESS ON NOTICE DATED 27.12.2021 ISSUED BY THE RESPONDENT BANK UNDER SECTION 13(4) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 PRODUCED AT ANNEXURE-A THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8253 WP No. 4395 of 2022 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER None appears for the petitioner. 2. Learned counsel for the respondent is present through video conference. 3. The challenge in this petition is to the proceeding initiated by the respondent-Bank under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. This Court on 24.02.2022 had passed the following: '' ORDER Office Objections being insignificant, are over-ruled. Interim order as prayed for, subject to petitioner paying to the respondent Bank, 30% of the amount due as under: i) 10% within two weeks; ii) another 10% within next two weeks; and, iii) the remainder i.e., 10% within two weeks next following, failing which, not only interim order stands rescinded but the writ petition runs the risk of being rejected on that ground alone. '' 4. Learned counsel for the respondent-Bank submits that though the petitioner had indeed paid the amounts as directed - 3 - HC-KAR NC: 2026:KHC:8253 WP No. 4395 of 2022 by this Court, in the aforesaid interim order, there has been no further payment of the outstanding dues. He submits that in any event, there is an alternate remedy provided, petition be relegated. 5. Submission is taken on record. 6. The challenge as noted above is to the proceedings initiated by the respondent-Bank under the provisions of SARFAESI Act, in the light of there being effective alternate statutory remedy under Section 17 of the Act being provided. Reserving liberty to the petitioner to avail such remedy as may be permissible under law, petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 12