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2026 DAILYLAW 2710 (KAR)

SMT S SREELATHA v. KOTESHWARA SAHAKARI BANK NIYAMITHA

WP/9296/2022 · 2026-04-06

Lalitha Kanneganti

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18703 WP No. 9296 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9296 OF 2022 (GM-DRT) BETWEEN: SMT S SREELATHA W/O NARASIMHA MURTHY G AGED ABOUT 40 YEARS, R/AT NO.50, 6TH CROSS, TULASINAGAR MAGADI MAIN ROAD, HOSAHALLI GOLLARAPALYA VISHWANEEDAM POST BENGALURU - 560 091 …PETITIONER (BY SRI. H.R. VISHWANATH, ADVOCATE (ABSENT)) AND: KOTESHWARA SAHAKARI BANK NIYAMITHA NO.12/2, 'VISHWOTHAMA' 1ST FLOOR, 2ND MAIN ROAD, SHESHADRIPURAM BENGALURU - 560 020 REPRESENTED BY AUTHORISED OFFICER …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE NOTICE DTD 10.03.2022 ISSUED BY RESPONDENT VIDE ANNEXURE-E, DIRECT THE RESPONDENT TO GIVE TIME TO Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18703 WP No. 9296 of 2022 REPAY THE OUTSTANDING AMOUNT TO THE RESPONDENT BANK. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “(a) Issue a writ in the nature of certiorari quash the notice dtd:10.03.2022 issued by Respondent vide Annexure-E. (b) Issue a writ in the nature of mandamus directing the Respondent to give time to repay the outstanding amount to the Respondent Bank. (c) Pass such any other order/s or direct/s that are deemed under the above circumstances, in the interest of justice and equity.” 2. There is no representation on behalf of the petitioner. It is noted that the notice is not served on the respondent. 3. The writ petition is of the year 2022. The present writ petition is filed against Koteshwara Sahakari Bank - 3 - HC-KAR NC: 2026:KHC:18703 WP No. 9296 of 2022 Niyamitha, which is a private Finance Company. In the light of the judgment passed by the Hon’ble Supreme Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against Koteshwara Sahakari Bank Niyamitha 4. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to avail the alternative remedy. ii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 3