- 1 - HC-KAR NC: 2026:KHC:26554 WP No. 17973 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 17973 OF 2023 (GM-RES) BETWEEN: 1. SMT S. DHANALAKSHMI W/O LATE SUNDARESHAN, AGED ABOUT 58 YEARS, RESIDING AT NO. 13, 3RD CROSS, MUDDAPPA GARDEN, SRIRAMPURA, BANGALORE-560 021. 2. SMT. S. HEMAVATHI W/O DORAIRAJ D., AGED ABOUT 45 YEARS, RESIDING AT NO. 13, 3RD CROSS, MUDDAPPA GARDEN SRIRAMPURA, BANGALORE-560 021. 3. SMT. LATHA N., W/O NANDAKUMAR AGED ABOUT 43 YEARS, RESIDING AT NO. 13, 3RD CROSS, MUDDAPPA GARDEN SRIRAMPURA, BANGALORE-560 021. …PETITIONERS (BY SRI. MANJANNA M S., ADVOCATE) AND: DEEPAK SAHAKARI BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER SRI. R. BALAJI, S/O LATE RAMAPPA, AGED ABOUT 50 YEARS, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26554 WP No. 17973 of 2023 NO.1703, 2ND BLOCK, RAJAJINAGAR, BANGALORE-560 010. …RESPONDENT (BY SRI. T P MUTHANNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ORDER PASSED BY THE HONBLE XXXIX ADDL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE IN CRL MIS NO. 5589/2022 DATED 07.07.2023 WHICH IS AT ANNEXURE-A. 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 None appears for the petitioners. 2. Learned counsel for respondent-bank submits that the proceedings initiated are under Section 14 of the SARFAESI Act. This Court by order dated 07.09.2023 had directed the petitioners to deposit Rs.2,00,000/- with the respondent-bank and respondent-bank was directed to hand over the physical possession of the secured assets back to the petitioners immediately on deposit of such amount. That in furtherance to the said direction, petitioners have paid and respondent-bank has received an amount of Rs.2,00,000/- and in consideration - 3 - HC-KAR NC: 2026:KHC:26554 WP No. 17973 of 2023 thereof the respondent-bank has re-delivered the possession of secured assets back to the petitioners. That at present no recovery proceedings are pending consideration against the petitioners. Hence, the petition has become infructuous. 3. From the perusal of the interim order dated 07.09.2023 and submission made by learned counsel for respondent-bank it becomes clear that the petitioners had in furtherance to the interim order deposited Rs.2,00,000/- and the respondent-bank has re-delivered the possession of the secured assets to the petitioners and that in the light of further submission of there being no recovery proceedings pending, no purpose would be served in keeping this matter pending. Accordingly, the petition is dismissed as having become infructuous. However, petitioner is reserved liberty to avail such remedy as and when required and available under law. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 53