Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18324 WP No. 39391 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 39391 OF 2025 (GM-DRT)
BETWEEN:
SMT.KUSHALA ASHOKA AGED ABOUT 35 YEARS, W/O ASHOKA, NO.5 AC, NO.104, KALYAN NAGAR, BENGALURU - 560 043 &PETITIONER (BY SRI. RAGHAVENDRA C., ADVOCATE) AND:
ICIC BANK LIMITED NO.4/10, MYTHREE TOWER, BOMMANAHALLI, HOSUR MAIN ROAD, BENGALURU - 560 068 REPRESENTED BY ITS AUTHORIZED SIGNATORY/MANAGER. &RESPONDENT (BY SRI. B.S.JEEVAN KUMAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/ SET ASIDE THE NOTICE DATED 20.12.2025 (VIDE ANNEXURE-A) ISSUED BY THE RESPONDENT BANK; DIRECTION RESTRAINING THE RESPONDENT BANK FROM TAKING PHYSICAL POSSESSION OF THE PETITION SCHEDULE PROPERTY, ETC.,
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:18324 WP No. 39391 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 prayer: <a) Issue a Writ of Certiorari by quashing/setting aside the Notice dated 20.12.2025, (vide Annexure-A) in so far as petitioner concerned issued by the Respondent Bank.
b) Issue any writ or order or direction restraining the Respondent Bank from taking physical possession of the Petition Schedule Property.
c) Pass such other order/s as this Hon'ble Court deems fit in the circumstances of the case including an order for costs of this proceeding, to meet the ends of justice and equity.=
2.
Learned counsel for the petitioner on the earlier occasion, i.e., on 24.02.2026 had submitted that the petitioner is ready to clear the entire amount. This Court had directed the petitioner to file an undertaking affidavit. On 16.03.2026, petitioner had sought for time to file the same. On 18.03.2026, an undertaking affidavit is filed
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HC-KAR NC: 2026:KHC:18324 WP No. 39391 of 2025
wherein the petitioner has stated that he has paid a sum of Rs.26,00,000/- to the respondent/Bank on 26.02.2026 and a further sum of Rs.25,00,000/- was paid on 28.02.2026 and so far he has paid 50% of the outstanding amount. It is stated that 25% of the outstanding amount will be paid on or before 31.05.2026 and the remaining 25% of the amount with accrued interest shall be paid on or before 31.08.2026.
3.
Learned counsel appearing for the Respondent/Bank submits that instead of the first installment on 31.05.2026, he may be directed to pay on
31.04.2026.
4. Considering the undertaking affidavit filed by the petitioner, this Court is the following:
ORDER i. Petitioner, as per the undertaking affidavit shall pay 25% of the outstanding loan amount on or before 31.05.2026 and the remaining
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HC-KAR NC: 2026:KHC:18324 WP No. 39391 of 2025
25% of the amount shall be paid on or before
31.08.2026. ii. If any one of the installment is not paid, the Respondent/Bank is at liberty to proceed with the further step. iii. If the petitioner fails to honor any one of the conditions of the undertaking affidavit, he shall pay an amount of Rs.1,00,000/- (Rupees One Lakh only) towards costs to the Respondent/Bank. iv. Accordingly, the writ petition is disposed of. v. Pending I.As in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
DH List No.: 1 Sl No.: 38