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2026 DAILYLAW 20639 (KAR)

MUTHANNA M C v. CANARA BANK

WP/27190/2024 · 2026-06-10

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27762 WP No. 27190 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 27190 OF 2024 (GM-DRT) BETWEEN: MUTHANNA M.C., S/O. M.D.CHEEYANNA, AGED 59 YEARS, KOKERI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT- 571212. …PETITIONER (BY SRI. RAVINDRANATH KAMATH, SR. ADVOCATE FOR SRI. DIVYATEJ H.N., ADVOCATE) AND: CANARA BANK REPRESENTED BY ITS AUTHORIZED OFFICER, MADIKERI REGIONAL OFFICE, NO.383/2C, KAMATH BUILDING, COLLEGE ROAD, NEAR CONVENT JUNCTION, MADIKERI- 571201. …RESPONDENT (BY SRI. T.P.MUTHANNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27762 WP No. 27190 of 2024 ORAL ORDER Sri.Ravindranath Kamat, Senior counsel for Sri.Divyatej H.N., for the petitioner and Sri.T.P.Muttanna, counsel for the respondent appeared in person. 2. The petition is filed seeking following reliefs: (a) Issue writ of Certiorari quashing the impugned Demand Notice issued by the Respondent Bank under Section 13(2) of the Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 in Ref: GONIKOPPAL/0686840007118/2024-25 dated 12.06.2024 vide ANNEXURE-A and impugned Possession Notice issued by the Respondent Bank under Section 13(4) of the Securitization & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 in Ref: PN/80/2024-25 dated 12.09.2024 vide ANNEXURE-B. (b) Issue a writ of Mandamus directing the Respondent Bank to grant one year time to the Petitioners to repay the entire loan amount after recalculating the loan amount. (c) Grant such other relief or reliefs as this Hon'ble Court deems fit in the ends of Justice. - 3 - HC-KAR NC: 2026:KHC:27762 WP No. 27190 of 2024 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The petitioner's grievance is about the issuance of the demand and possession notice. The relief sought by the petitioner's cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a demand notice cannot be challenged by filing a writ petition. The litigants are not remediless, as the Tribunal has been established specifically to adjudicate the lis. The petition is devoid of merits. Accordingly, the writ petition is dismissed. Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 34