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2026 DAILYLAW 16578 (KAR)

M/S S A ENTERPRISES v. STATE BANK OF INDIA

WP/552/2026 · 2026-03-12

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14863 WP No. 552 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 552 OF 2026 (GM-DRT) BETWEEN: 1. M/S S.A. ENTERPRISES PROPRIETOR FIRM NO.1427, 3RD FLOOR REFORM STUDIO SHIVRAMKARANTH NAGAR MCECHS LAYOUT 2ND PHASE KV JAYARAM ROAD, JAKKUR G.K.V.K. BENGALURU - 560 065 REPRESENTED BY ITS PROPRIETOR SRI. ABDUL LATHEEF JABBAR. AGED ABOUT 52 YEARS 2. SRI ABDUL LATHEER JABBAR S/O. SRI MOHAMMED SIDDIQUE AGED ABOUT 52 YEARS FLAT NO.301 AND 302 GONI FAIRFIELD MUNIRAMAPPA GARDEN GEDDALAHALLI, SANJAY NAGAR BANGALURU - 560 094 …PETITIONERS (BY SRI BHAGAT VENKATESH R., ADVOCATE) AND: 1. STATE BANK OF INDIA SBI IN-CUBE BRANCH (11349) (FORMERLY SME BANGALORE BRANCH CBD BRANCH, BANGALORE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14863 WP No. 552 of 2026 LOCAL HEAD OFFICE COMPLEX 2ND FLOOR, SPB BRANCH BUILDING NEAR EXIT GATE - 3 65, ST. MARK'S ROAD BENGALURU - 560 001 REPRESENTED BY ITS CHIEF MANAGER 2. THE AUTHORIZED OFFICER STATE BANK OF INDIA SBI IN-CUBE BRANCH (11349) (FORMERLY SME BANGALORE BRANCH CBD BRANCH, BANGALORE) LOCAL HEAD OFFICE COMPLEX 2ND FLOOR, SPB BRANCH BUILDING NEAR EXIT GATE - 3 65, ST. MARK'S ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI PATIL VEERENDRA CHANDRASHEKHAR, ADVOCATE FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO IMPUGNED DEMAND NOTICE DATED 10.10.2025 ISSUED BY THE RESPONDENT NO.1 STATE BANK OF INDIA PURPORTING TO BE UNDER SECTION 13(2) OF SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 AND NOTICE UNDER SECTION 13(4) OF SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 AND POSSESSION NOTICE UNDER RULE 8(1) OF THE SARFAESI RULES, AT ANNEXURE-'A' AND 'A1' RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14863 WP No. 552 of 2026 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer. "a. Call for records pertaining to Impugned Demand Notice dated 10.10.2025 issued by the Respondent No.1 State Bank of India purporting to be under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Notice under Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Possession Notice under Rule 8(1) of the SARFAESI Rules, at Annexure-'A' and 'A1' respectively, b. Issue Writ of Certiorari or any other Writ or Order or Direction quashing Impugned Demand Notice dated 10.10.2025 issued under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and consequent Notice dated 30.12.2025 issued under Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 read with Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 published in the Indian Express Newspaper followed by Possession notice issued under Rule 8(1) dated 30.12.2025 Security Interest (Enforcement) Rules, 2002 at Annexure-'A' 'A1 and 'A2' respectively. C. Grant such other Writ, Order or direction as this Hon'ble Court may deem fit to grant under the facts and circumstances of the case in the interest of justice and equity." - 4 - HC-KAR NC: 2026:KHC:14863 WP No. 552 of 2026 2. When the matter came up for hearing, the learned counsel appearing for the respondents - Bank submits that the bank has withdrawn both the notices under Section 13(2) and Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (' SARFAESI Act' for short). It is submitted that as per the interim order passed by this Court, they have paid an amount of Rs.70,00,000/-. 3. In the light of the fact that the bank has withdrawn the notices under Section 13(2) and Section 13(4) of the SARFAESI Act, nothing remains for adjudication in this petition. Considering the said submission and taking the memo on record, this Court is passing the following : ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SD List No.: 1 Sl No.: 56