Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34875 WP No. 84 of 2014
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. 84 OF 2014 (GM-RES) BETWEEN:
SRI Y V CHOWDHARY S/O SURYA RAO AGED ABOUT 46 YEARS RESIDING AT FLAT NO.305 3RD FLOOR, RAJ MANSION APARTMENTS OPPOSITE TO SUMANGALI SEVA ASHRAM CHOLANAGAR, R.T. NAGAR POST BANGALORE 560 032 …PETITIONER (BY SRI. YOGESH D NAIK.,ADVOCATE) AND:
1.
THE CHIEF MANAGER AND AUTHORIZED OFFICER PUNJAB NATIONAL BANK CIRCLE OFFICE, RAHEJA TOWERS 26-27, M.G. ROAD BANGALORE 560 001
2.
M/S. MAHARASHTRA APEX CORPORATION LTD., MANIPAL CENTRE DICKENSON ROAD BANGALORE 560 001
3.
MRS. PADMA NARAYANAN MAJOR
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34875 WP No. 84 of 2014
E1-407, SHRIRAM SHREYAS TELECOM COLONY THINDLU, BANGALORE 560 097
4.
SRI N.S. NARAYANAN MAJOR E1-407, SHRIRAM SHREYAS TELECOM COLONY THINDLU, BANGALORE 560 097
5.
SRI IMMADI NIJAGUNA SWAMIGALU MAJOR GAVIPURAM EXTENSION BANGALORE 560 019 …RESPONDENTS (BY SRI. T MOHAN DAS RAO FOR R1 SRI. A.MADHUSUDHAN ROAD FOR R2.,ADVOCATES R3, R4 & R5 SERVED BUT UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.12.2013, IN CRL.MISC.NO.6673/2013 ON THE FILE OF THE CHIEF METROPOLITAN MAGISTRATE, BANGALORE VIDE ANNEXURE-G & THE NOTICE DATED 23.12.2013, ISSUED BY THE PETITIONER BY THE 1ST RESPONDENT BANK VIDE ANNEXURE-H AND ETC.,
THIS PETITION, COMING ON FOR HEARING, 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:34875 WP No. 84 of 2014
ORAL ORDER Petitioner claimed to have purchased a residential apartment bearing flat No.305, Municipal Katha No.5/18 in an auction conducted at the instance of respondent No.2- Maharashtra Apex Corporation Ltd., pursuant to an award passed for recovery of money due and payable by respondent Nos. 3 to 5 herein.
2. It is submitted that respondent Nos.3 to 5 herein have also borrowed money from respondent No.1-Punjab National Bank apart from offering as surety in respect of the loan which was lent from respondent No.2- Maharashtra Apex Corporation Ltd.
3. Under these circumstances, respondent No.1- Punjab National Bank had initiated proceedings under Section 14 of SARFAESI Act. It is submitted that the secured asset has already been sold. However, petitioner continues to be in possession of the property.
4. In that view of the matter, an alternate effective remedy being provided under the Act, the petitioner is at liberty to avail the same if so advised, within 30 days from the date of the receipt of certified copy of this order. If such steps are
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HC-KAR NC: 2026:KHC:34875 WP No. 84 of 2014
taken within the stipulated time, time consumed in this writ petition will be considered for condonation of delay.
Accordingly, the writ petition is disposed of.
Sd/- (M.G.S. KAMAL) JUDGE
SPV List No.: 1 Sl No.: 19