- 1 - HC-KAR CNR: KAHC010489862022 NC: 2026:KHC:51863 WP No. 21285 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21285 OF 2022 (GM-DRT) BETWEEN: MR GANESH B S/O SUBRAMANYA B AGED ABOUT 48 YEARS RESIDING AT NO.5 BLUE BELL-5C CLASSIC LAND MARK APARTMENT KASABANAHALLI MAIN ROAD OPPOSITE AMRUTHA ENGINEERING COLLEGE BANGALORE - 560 035. …PETITIONER (BY SRI. SHARATHKUMAR SHETTY, ADVOCATE) AND: ASHOKANAGAR CO OPERATIVE BANK LTD NO.1380/B, 6TH CROSS ASHOKANAGAR BSK 1ST STAGE, 2ND BLOCK BANGALORE - 560 050 REPRESENTED BY AUTHORISED OFFICER …RESPONDENT (BY SRI. K.V. LOKESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010489862022 NC: 2026:KHC:51863 WP No. 21285 of 2022 IMPUGNED NOTICE DATED 10.10.2022 ISSUED BY THE RESPONDENT AS PER ANNEXURE-A, DIRECT THE RESPONDENT TO RECEIVE THE OUTSTANDING LOAN AMOUNT AND REGULARIZE THE LOAN ACCOUNT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The case on hand demonstrates classic abuse of process. Petitioner's account was declared as NPA and action was contemplated by the respondent-bank invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act'). 2. The said action contemplated by the respondent secured creditor was entertained by this Court and vide order dated 31.10.2022, the petitioner was protected by a conditional order subject to deposit of 30% of the amount in 3 installments. - 3 - HC-KAR CNR: KAHC010489862022 NC: 2026:KHC:51863 WP No. 21285 of 2022 3. The counsel appearing for the respondent bank on instructions submits that the petitioner's loan account was revived and the petitioner was called upon to ensure that the monthly EMI is deposited. On instruction he further submits that the petitioner's account is again declared NPA and therefore he contends that the action initiated by the respondent-bank, which is now subjudiced in the caption petition, is rendered infractures. 4. Recording the statement of the respondent-bank, though this is a fit case to impose exemplary costs, taking a lenient view, this Court refrains from imposing costs for having misused the writ forum. Accordingly, the writ petition stands dismissed. The respondent-bank is at liberty to proceed with the recovery proceedings. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK