Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:30476 WP No. 11148 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11148 OF 2022 (GM-RES) BETWEEN:
1.
MRS SHANTHI BHASKAR W/O BHASKAR M AGED ABOUT 50 YEARS PRESENTLY R/AT NO.22-34-31 KHB LAYOUT KUDUPU POST JYOTHINAGAR, KULASHEKAR MANGALORE-575 028.
2.
MR BASKAR M., S/O LATE M S SALIAN AGED ABOUT 56 YEARS PRESENTLY R/AT NO.22-34-31 KHB LAYOUT KUDUPU POST JYOTHINAGAR, KULASHEKAR MANGALORE-575 028. …PETITIONERS (BY SRI. VENUGOPAL M S.,ADVOCATE)
AND:
1.
GOVERNMENT OF INDIA MINISTRY OF FIANCE REPRESENTED BY ITS SECRETARY, NEW DELHI-110 001.
2.
RESERVE BANK OF INDIA REPRESENTED BY ITS GOVERNOR MUMBAI-40001.
3.
THE DEPUTY GOVERNOR AND APPELLATE AUTHORITY RESERVE BANK OF INDIA
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:30476 WP No. 11148 of 2022
CONSUMER EDUCATION AND PROTECTION DEPARTMENT MUMBAI-40001.
4.
CANARA BANK GANDHINAGAR BRANCH S L SHET MEMORIAL BUILDING GANDHINAGAR MANGALORE-575 003 REP BY ITS MANAGER.
5.
AUTHORIZED OFFICER CANARA BANK GANDHINAGAR BRACH S L SHET MEMORIAL BUILDING GANDHINAGAR MAGALORE-575 003. …RESPONDENTS
(BY SRI. APARNA L V.,ADVOCATE FOR R1;
SRI. KUSHBOO KAPOOR ADVOCATE FOR SRI. SHYAM SUNDAR H.V., ADVOCATE FOR R2 & R3;
SRI. T.P. MUTHANNA, ADVOCATE FOR R4 & R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO TODIRECTING THE R-2 AND R-3 TO CONSIDER THE COMPLAINT GIVEN BY THE PETITIONERS DATED 21.04.2022 VIDE ANNEXURE-K AND ETC.
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
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HC-KAR NC: 2026:KHC:30476 WP No. 11148 of 2022
ORAL ORDER
Learned counsel for the petitioners submits that this petition arises, in view of the steps being taken by the respondent-Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SARFAESI Act).
2.
Learned counsel for the respondent-Bank filed a memo dated 19.06.2026 saying that the secured asset has already been auctioned and a portion of the dues have been recovered. As such, the petition does not survive for
consideration.
3.
Learned counsel for the petitioners however submits that they may be reserved with liberty to avail such remedy as may be available.
4. In that view of the matter, the petition is dismissed as having become infructuous. However, petitioners are entitled to avail such remedy as may be available and permissible under law. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 50