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2026 DAILYLAW 34035 (KAR)

SRI. KURIAN THOMAS v. THE SOUTH INDIA BANK LTD.,

WP/18531/2023 · 2026-07-27

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010438752023 NC: 2026:KHC:39073 WP No. 18531 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 18531 OF 2023 (GM-RES) BETWEEN: SRI. KURIAN THOMAS SON OF SRI THOMAS KURIAN AGED ABOUT 50 YEARS, RESIDENT OF NO. 526, RANKA PARK LALBAGH ROAD, BENGALURU - 560 027 …PETITIONER (BY SRI. AJESH KUMAR, ADVOCATE) AND: 1. THE SOUTH INDIA BANK LTD., REGD. OFFICE: SIB HOUSE, TB ROAD, MISSION QUARERS THRISSUR - 680 001 KERALA STATE, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE AUTHORISED OFFICER UNDER THE SARFAESI ACT, 2002 FOR THE SOUTH INDIAN BANK LIMITED AT ITS REGIONAL OFFICE SIB ARCADE, NO. 61, WHEELER ROAD, COX TOWN BENGALURU - 560 005 …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR CR/R1) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010438752023 NC: 2026:KHC:39073 WP No. 18531 of 2023 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENT BANK TO EXTEND TO THE PETITIONER, THE RELIEF PACKAGE CONTEMPLATED IN RBI CIRCULAR INSTRUCTIONS VIDE ANNEXURE-E IN REF NO. RBI / FIDD / 2018-19 / 65, MASTER DIRECTION FIDD.CO.FSD.BC. NO. 10/05.10.001/ 2018-19 DATED 17/10/2018 QUA THE NATURAL CALAMITIES OF RAIN, FLOOD, LANDSLIDES OF MADIKERI AND SOMAWARPET REPORTED VIDE ANNEXURE-F DATED 19/08/2019 WHEREIN PETITIONERS AGRO-PROJECT IS SITUATED. 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 1. This petition is filed in the light of proceedings initiated by the respondent-Bank under the provisions of SARFAESI Act. 2. Learned counsel for respondents submits that, the loan has been closed, the mortgage has been discharged and consequently, nothing survives for consideration in the present petition. - 3 - HC-KAR CNR: KAHC010438752023 NC: 2026:KHC:39073 WP No. 18531 of 2023 3. Learned counsel for the petitioner, however, submits that the loan has been closed without prejudice to the rights and contentions urged by the petitioner in the present petition. 4. Submission is placed on record. 5. In view of the aforesaid submissions, petition is disposed of. However, if the petitioner has any right or claim against the respondent-bank, he is at liberty to seek redressal of the same before the appropriate forum, in accordance with law. 6. Reserving liberty to the petitioner, subject to all just exceptions, petition stands disposed of. Sd/- (M.G.S. KAMAL) JUDGE SPV List No.: 1 Sl No.: 6