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2026 DAILYLAW 27659 (KAR)

VINAYAK SHANKRIKOPPA v. STATE BANK OF INDIA

WP/17810/2022 · 2026-07-09

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34873 WP No. 17810 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 17810 OF 2022 (GM-RES) BETWEEN: 1. VINAYAK SHANKRIKOPPA S/O LAKSHMAN AGED 39 YEARS PRESENTLY RESIDING AT NO.624, 80 FEET ROAD 4TH BLOCK, KORAMANGALA BENGALURU - 560 034 2. MR. SHIVAKUMAR S C AGED 43 YEARS S/O K CHANNAIAH 3. MRS. LAKSHMI N AGED 33 YEARS W/O MR. SHIVAKUMAR S C PETITIONER NOS.2 & 3 ARE RESIDING AT NO. 31/87 YOGANARASIMHA NILAYA 8TH A CROSS, ITTAMADU BANASHANKARI III STAGE BANGALORE - 560 085 …PETITIONERS (BY SMT. SHASHINANDA G ., ADVOCATE FOR SRI. C SHANKAR REDDY.,ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34873 WP No. 17810 of 2022 AND: 1. STATE BANK OF INDIA STRESSED ASSETS RECOVERY BRANCH 2ND FLOOR, A BLOCK, BKG COMPLEX MYSORE BANK CIRCLE, AVENUE ROAD, BANGALORE - 560 009 AND ALSO AT NO. 11/90, 3RD FLOOR NEAR OLD SHIVAJI THEATRE, J C ROAD, BENGALURU - 560 002 REPRESENTED BY ITS AUTHORIZED OFFICER 2. MR. RAJESH KUMAR AGED 52 YEARS S/O SRI CHOWDAIAH NO.472, DIRECTOR HOUSE 9TH CROSS, BHUVANESHWARI NAGAR BANASHANKARI III STAGE BENGALURU - 560 085 AND ALSO AT RESIDING AT 18 (OLD NO. 40) 9TH CROSS, BHUVANESHWARI NAGAR BSK III STAGE, KATRIGUPPE BENGALURU - 560 085 …RESPONDENTS (BY SRI. M K SHIVARAM.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTIONS OF LIKE NATURE DIRECTING THE RESPONDENT NO.1 BANK NOT TO RELEASE AMOUNTS PAYABLE TO THE RESPONDENT NO.2 AFTER DEDUCTING THE AMOUNTS PAYABLE TOWARDS THE - 3 - HC-KAR NC: 2026:KHC:34873 WP No. 17810 of 2022 DISCHARGE OF THE LOAN RAISED ON THE SCHEDULE PROPERTY BY THE RESPONDENT NO.1 BANK IN TERMS OF THE REPRESENTATIONS DATED 22.03.2022 AND 12.08.2022 PRODUCED AND MARKED AS ANNEXURE-N TO THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are the tenants in respect of petition property. The said petition property was a secured asset against which respondent No.2 had availed the loan from respondent No.1- Bank. It is under these circumstances petitioners have filed the present petition seeking following relief's: " (a) Issue a writ of mandamus or directions of like nature directing the Respondent no.1 bank not to release amounts payable to the Respondent no.2 after deducting the amounts payable towards the discharge of the loan ¡ raised on the schedule property by the Respondent no.1 bank in terms of the and 12/03/27 2. representations dated 22.03.2022 and 12.08.2022 produced and marked as ANNEXURE 'N' to the writ petition. (b) Direct the Respondent No.1 bank to pay the Petitioner no.1 a sum of Rs. 11,00,000/- (Rupees Eleven Lakhs Only) after duly adjusting the outstanding loan amount [loan account no.64188652150 and 64188652547] payable by the Respondent No.2. - 4 - HC-KAR NC: 2026:KHC:34873 WP No. 17810 of 2022 (c) Direct the Respondent No.1 bank to pay the Petitioner no.2 and 3 a sum of Rs.11,00,000/- (Rupees Eleven Lakhs Only) after duly adjusting the outstanding loan amount [loan account no.64188652150 and 64188652547] payable by the Respondent No.2. (d) And grant such other and further reliefs as this Hon'ble Tribunal deems fit to grant under the circumstances of the case including the relief for awarding costs of this proceedings in the interest of justice and equity." 2. Learned counsel for the respondents submits that respondent No.1-Bank has initiated the proceedings. Recovery certificate was issued and the secured asset has already been sold in public auction. Respondent No. 2 had filed appeal. Being unsuccessful had also filed writ petition which is also dismissed. He submits relief, if any, the petitioners may have to seek against respondent No.2 by constituting appropriate proceedings. 3. The aforesaid facts and situations of the matter are undisputed. 4. Hence, the petition is dismissed, reserving liberty to the petitioners to avail such remedy as may be available and permissible under law. Sd/- (M.G.S. KAMAL) JUDGE SPV/List No.: 1 Sl No.: 11