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2026 DAILYLAW 15840 (KAR)

MRS. RAMITA SINGH v. STATE BANK OF INDIA

WP/3320/2026 · 2026-02-06

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7312 WP No. 3320 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3320 OF 2026 (GM-DRT) BETWEEN: 1. MRS. RAMITA SINGH AGED 42 YEARS. W/O MR. UMAKANT SINGH, R/AT: 002, PHASE-1, ATZ ROCK VIEW, RACHENHALLI MAIN ROAD, SRIRAMPURA, BENGALURU- 560064 2. MASTER TEJAS SINGH, AGED ABOUT 9 YEARS. S/O MR. UMAKANT SINGH, R/AT: 002, PHASE-1, ATZ ROCK VIEW, RACHENHALLI MAIN ROAD, SRIRAMPURA, BENGALURU- 560064 (GARDIAN OF MOTHER) RAMITA SINGH. …PETITIONERS (BY SRI. AKANKSHA CHOUDHARY, ADV.) AND: 1. STATE BANK OF INDIA 3RD FLOOR, BUILDING NO.11/90 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7312 WP No. 3320 of 2026 NEAR OLD SHIVAJI THEATRE OPP TRUSTWELL HOSPITAL J.C. ROAD, BENGALURU - 560002 THROUGH ITS AUTHORISED OFFICER MRS. JAYALAKSHMI M 2. MR. UMAKANT SINGH AGED 44 YEARS, S/O MR. RAGHAV SINGH, R/AT Q.NO. 3099, SECTOR 4 A BOKARO STEEL CITY JHARKHAND-827004. ALSO AT: DDA, FLATS L-1-111B, 2ND FLOOR, VTC: KALKAJI P.O. KALKAJI, SOUTH-EAST DELHI-110019. …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADV. FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE STATUTORY SALE NOTICE DTD 22.01.2026 BEARING No.SBI/SARB/SN/MJ/627 No.1 SBI VIDE ANX-A UNDER RULED 8(6) R/W PROVISO TO RULE 9(1) OF THE SECUTIRY INTEREST ENFORCEMENT RULES 2002 IN RESPECT OF FLAT No.302 ATZ ROCKVIEW PHASE-2 YELAHANKA BENGALURU AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:7312 WP No. 3320 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition challenging the sale notice dated 22.01.2026 and also sought for declaration to declare that the initiation and continuation of sale and recovery proceedings in respect of share household during the dependency of the proceedings. Under the Protection of Women from Domestic Violence Act, 2005. If the petitioner aggrieved by the sale notice, the petitioner has an equal efficacious remedy. The petitioner without exhausting efficacious remedy, filed this petition. 2. In view of proposition of law laid down by the Hon’ble Apex Court in the case of RIKHAB CHAND JAIN VS. UNION OF INDIA IN C.A.NO.6719 OF 2012 disposed off on 12.11.2025, the writ petition is not maintainable. - 4 - HC-KAR NC: 2026:KHC:7312 WP No. 3320 of 2026 3. Accordingly, the writ petition is dismissed as not maintainable. 4. A liberty is reserved to the petitioner to approach the Debt Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, within two weeks from today. 5. Pending applications, if any, shall stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB