Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 4503 (KAR)

MR K V RANJITH KUMAR v. STATE OF KARNATAKA

WP/30905/2024 · 2026-04-02

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:18070 WP No. 30905 of 2024 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.30905 OF 2024 (GM-DRT) BETWEEN: MR. K.V. RANJITH KUMAR S/O. K V R NAIDU, AGED ABOUT 42 YEARS, R/AT. NO. 5, 3RD A MAIN, NEAR GANESHA TEMPLE, KUVEMPUNAGAR, DODDAKALLASANDRA, BENGALURU 3 560 062. &PETITIONER (BY SRI. GAURAV.G.K, ADVOCATE SMT. ANUSHA NANDISH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, GATE NO.3, 6TH FLOOR, MULTI-STORIED BUILDING, BENGALURU 3 560 001. REP. BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA STATE SOUHARDHA FEDERAL SAHAKARI, 18TH CROSS ROAD, MALLESHWARAM, BENGALURU 3 560 055. REP. BY MANAGER 3. SURABHI SOUHARDHA CREDIT CO-OPERATIVE LTD, NO.2, SURABHI SAHAKARI SADANA, 2ND FLOOR, 13TH CROSS, ATTIBELE ROAD, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18070 WP No. 30905 of 2024 C. T. BED EXTENSION, BANASHANKARI 2ND STAGE, BENGALURU -560 070. REG. UNDER CO-OP. SOCIETIES ACT, 1969 REP.BY THE MANAGER. &RESPONDENTS (BY SRI.N.SUKUMAR JAIN, ADVOCATE FOR R3; R2- SERVED AND UNRESERVED SRI. MANJUNATH K., HCGP FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DTD 29.11.2021 UNDER SEC 13(2) OF THE SARFAESI ACT, 2002 ISSUED BY THE R-3 (ANNEXURE-A) AND QUASH THE POSSESSION NOTICE ISSUED UNDER RULE 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 DTD. 15.02.2022 (ANNEXURE-B); QUASH THE NOTICE BEARING NO.SSCCLT:MGL:22.30.27/58 DTD 18.05.2024 (ANNEXURE-C) ISSUED BY RESPONDENT No.3 AND ETC., THIS PETITION, COMING ON FOR ORDERS, 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) To issue a Writ of Certiorari quashing the Demand Notice dated 29.11.2021 under Section 13(2) of the SARFAESI Act, 2002 issued by the Respondent No.3 (Annexure-A) in so as Petitioner concerned. (b) To issue a Writ of Certiorari quashing the possession Notice issued Under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 dated 15.02.2022 (Annexure-B) issued by Respondent No.3 Petitioner concerned. - 3 - HC-KAR NC: 2026:KHC:18070 WP No. 30905 of 2024 (c) To issue a Writ of Certiorari quashing the Notice bearing No.SSCCLT:MGL:22.30.27/58 dated 18.05.2024 (Annexure-C), issued by Respondent No.3. (d) To issue any other Writ or pass any other orders/directions that this Hon9ble court may deem fit in the interest of justice and equity. 2. Learned counsel appearing for the petitioner has urged several grounds, but the fact remains is that the writ petition is filed questioning a demand notice dated 29.11.2021 issued under Section 13(2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act). When a demand notice dated 29.11.2021 is issued under Section 13(2) of SARFAESI Act, the petitioner is legally obligated to issue a reply and respondent No.3/Bank has to consider the same as per the provisions of the Act. The petitioner without issuing the reply ought not to have come before this Court by filing the instant writ petition questioning the demand notice dated 29.11.2021. 3. It is the submission that the petitioner has given his reply. If not, within 10 days from the date of receipt of copy of the order, petitioner shall give his reply and the - 4 - HC-KAR NC: 2026:KHC:18070 WP No. 30905 of 2024 respondent/Bank shall consider the same in accordance with the SARFAESI Act. Accordingly, this Court is passing the following: ORDER i. The petitioner shall give his reply within 10 days from the date of receipt of copy of the order and the respondent No.3/Bank shall consider the same. ii. If the petitioner is aggrieved by any of the subsequent action taken by the Bank, he is at liberty to avail the appropriate remedy before the Debt Recovery Tribunal. iii. The interim order granted in this writ petition shall be in effect till the Bank considers the reply under Section 13(2) of SARFAESI Act. iv. Accordingly, the writ petition is disposed off. v. All pending I.A9s in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PB List No.: 1 Sl No.: 19