- 1 - HC-KAR CNR: KAHC010439262022 NC: 2026:KHC:49998 WP No. 19239 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 19239 OF 2022 (GM-DRT) BETWEEN: 1. MR. PRABHU S. HADAGALI S/O LATE SHANKARAPPA AGED ABOUT 73 YEARS R/A NO.1098, 18TH B MAIN ROAD 71ST A CROSS RAJAJINAGAR 5TH BLOCK BANGALORE-560010. …PETITIONER (BY SRI. SHARATHKUMAR SHETTY, ADVOCATE) AND: 1. THE BHARAT CO OPERATIVE BANK LIMITED NO.30, 15TH CROSS 3RD BLOCK, JAYANAGAR BANGALORE-560011 REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER 2. SMT. RASHMI R D/O RAVI KUMAR AGED ABOUT 27 YEARS CHARVAK DOOR NO.234/5-4, FIRST FLOOR DYAVAPPA RAMAPPA CIRCLE S S HOSPITAL ROAD SHAKTINAGAR, DAVANAGERE-577005. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010439262022 NC: 2026:KHC:49998 WP No. 19239 of 2022 3. SMT VARALAKSHMI MADAIAH W/O NAGALINGAIAH AGED ABOUT 32 YEARS NO.222/18, BLOCK-8 CHANNASANDRA, UTTARAHALLI MAIN ROAD BANGALORE-560061. …RESPONDENTS (BY SRI. K.V. LOKESH, ADVOCATE FOR C/R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE DATED 06.08.2022 ISSUED BY THE RESPONDENT AS PER ANNX-A; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed assailing the possession notice dated 06.08.2022 issued by the respondent-Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act, 2002”). 2. Though this Court, having regard to the facts and circumstances of the case, was pleased to grant limited Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010439262022 NC: 2026:KHC:49998 WP No. 19239 of 2022 indulgence by passing an interim order dated 30.09.2022, the records reveal that the petitioner was directed to deposit 30% of the amount due. Pursuant thereto, the petitioner deposited 30% of the amount and the respondent-Bank filed I.A.No.2/2023 seeking permission to withdraw the amount so deposited. 3. This Court, by order dated 20.03.2023, permitted the respondent-Bank to withdraw the amount deposited by the petitioner. However, it is borne out from the records that, notwithstanding the interim order and the deposit of 30% of the amount, the recovery proceedings initiated by the respondent-Bank under the provisions of the SARFAESI Act, 2002 have remained stalled. 4. There is no representation on behalf of the petitioner. Even the learned counsel appearing for the respondent-Bank is absent. 5. The proceedings initiated by a secured creditor under the provisions of the SARFAESI Act, 2002 cannot be Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010439262022 NC: 2026:KHC:49998 WP No. 19239 of 2022 permitted to remain in abeyance indefinitely on account of an interim order. The indulgence granted by this Court was only limited in nature and was intended to afford an opportunity to the petitioner to avail the same. If the petitioner has failed to capitalise on such indulgence and has not discharged the entire amount legally due and payable to the respondent-Bank, the respondent-Bank is at liberty to proceed afresh in accordance with law and take such measures as are permissible under the SARFAESI Act, 2002. With the aforesaid observations, the writ petition stands disposed of. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 5 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified