Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27909-DB WA No. 1525 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT APPEAL NO.1525 OF 2026 (GM-DRT)
BETWEEN:
H.N. SHIVAKUMAR S/O. NARASIMHAIAH, AGED ABOUT 48 YEARS, RESIDING AT 'VAJRANAKHA', UPPARAHALLI, URDU SCHOOL ROAD, BEHIND SACRED HEART, TUMAKURU. …APPELLANT
(BY SRI DANAPPA P. PANIBHATE, ADVOCATE)
AND:
1.
MAHILA CO-OPERATIVE BANK LTD., NO.12, 'SRI SAI ARCADE',
OLD MARKET CIRCLE,
CHIKKAPETE ROAD,
TUMAKURU-572101
REPRESENTED BY ITS MANAGER.
2.
MAHILA CO-OPERATIVE BANK LTD., NO.13 & 14, SOUTH END ROAD,
SESHADRIPURAM,
BENGALURU-560020 REPRESENTED BY ITS MANAGER, SMT. B. RASHMI.
Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:27909-DB WA No. 1525 of 2026
3.
THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, TUMAKURU.
4.
THE TAHSILDAR, TUMAKURU TALUK,
TALUK OFFICE,
TUMAKURU-572101. …RESPONDENTS
(BY SMT. B. SUKANYA BALIGA, ADDITIONAL GOVERNMENT ADVOCATE FOR R-3 & R-4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 28.04.2026 PASSED BY THE SINGLE JUDGE HON'BLE COURT IN W.P.NO.19453/2021 PASS SUCH OTHER ORDERS THE HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning the
order dated 28.04.2026 passed by the learned Single Judge in W.P. No.19453/2021 [GM-DRT]. The appellant had filed the said petition impugning the notice dated 06.07.2019 issued by respondent No.2 under Section 13 (2) of the Securitisation and
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HC-KAR NC: 2026:KHC:27909-DB WA No. 1525 of 2026
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act].
2. The appellant's case is that respondent No.2 had no locus standi to issue the said notice. In addition, the appellant has also raised dispute regarding the amounts claimed by the respondent- Bank. This Court, at the initial stage, granted an interim order dated 21.02.2022, subject to the appellant depositing a sum of ` 15 lakhs. The appellant had deposited the said amount with the registry of this Court.
3. The learned Single Judge declined to entertain the writ petition and has disposed of the same with liberty to the petitioner to avail the appropriate remedy before the Debts Recovery Tribunal within a period of 30 days from the date of receipt of the said order.
4. We find no infirmity with the decision of the learned Single Judge in refusing to entertain the writ petition on the ground of availability of an alternative remedy.
5. The appeal is accordingly dismissed.
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HC-KAR NC: 2026:KHC:27909-DB WA No. 1525 of 2026
6. The pending interlocutory applications are also dismissed.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 16