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2026 DAILYLAW 19991 (KAR)

SRI HARI EDUCATION TRUST v. THE AUTHORIZED OFFICER/MANAGER

WP/14553/2024 · 2026-06-05

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26987 WP No. 14553 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14553 OF 2024 (GM-DRT) BETWEEN: SRI HARI EDUCATION TRUST BY TRUSTEE SMT BHARATHI S RAI W/O SRI SHEKARA RAI, AGED 53 YEARS, RESIDING AT ALADAPADAVU, AJJIBETTU, BANTWAL TALUK - 574 324 … PETITIONER (BY SMT. SANDHYA U PRABHU., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER/MANAGER MANIPAL HOUSING FINANCE SYNDICATE LTD., NO.116 NORTH BLOCK MANIPAL CENTRE, DICKENSON ROAD, BANGALORE - 560 042 2. SRI MOHAN RAI K S/O RAMANNA RAI, AGED 53 YEARS, RESIDING AT ALADAPADAVU AJJIBETTU BANTWAL TALUK - 574 324 3. SMT SHALINI M RAI W/O SRI MOHAN RAI K, MAJOR, RESIDING AT ALADAPADAVU AJJIBETTU BANTWAL TALUK - 574 324 … RESPONDENTS (BY SRI. KARAN GUPTA., ADVOCATE FOR R1) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26987 WP No. 14553 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, MANGALORE IN CRL.MISC. NO. 146/2023 DATED 23/03/2023 PRODUCED AT ANNEXURE-G AND ITS CONSEQUENTIAL ORDER DATED 21/03/2024 PRODUCED AT ANNEXURE-H AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of certiorari quashing the order of the Principal Senior Civil Judge and Chief Judicial Magistrate, Mangalore in Crl. Misc. No.146/2023 dated 23/03/2023 produced at Annexure-G and its consequential order dated 21/03/2024 produced at Annexure-H. b. Grant any other relief as this Hon'ble court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity. 2. By way of the petition the petitioner had sought for quashing the order passed in Section 14 of the SARFAESI Act, 2002. This Court, by taking into consideration the fact that the petitioner is an Educational Institution, had on 04.06.2024 granted - 3 - HC-KAR NC: 2026:KHC:26987 WP No. 14553 of 2024 an interim order of stay which had been extended from time to time. 3. On 24.02.2026 when the matter was taken up it is alleged that the possession has been taken over by the respondents and in that background the respondent-Bank has directed not to take possession. 4. The petitioner also undertook to make payment of sum of Rs.20 lakhs by 16.03.2026, further sum of Rs.20 lakhs by 30.03.02026 and was called upon to file an affidavit in relation thereto. 5. Despite nearly more than three months having lapsed, none of the payments have been made. Once again, the petitioner seeks for an accommodation to make payment. 6. This Court is unable to accept the same, in as much as the above petition has been pending from the year 2024 without payment having been made and the indulgence which has been extended by this - 4 - HC-KAR NC: 2026:KHC:26987 WP No. 14553 of 2024 Court from time to time has not been reciprocated by the petitioner. 7. No grounds being made out, the petitioner not establishing any bonafide’s, orders having been passed properly under Section 14 of the SARFAESI Act, 2002, I pass the following; ORDER i. The writ petition is dismissed. ii. Liberty is reserved to respondents to initiate and take such action as is permissible under law. iii. The respondent is also at liberty to move the Section 14 application before the Magistrate. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 2