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2026 DAILYLAW 46300 (KAR)

SMT. MALA v. SRI. GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA

WP/2891/2025 · 2026-01-27

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4181 WP No. 2891 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2891 OF 2025 (GM-DRT) BETWEEN: SMT. MALA AGED ABOUT 38 YEARS, D/O SRI GOPINATH C. R/AT FLAT NO.402, 3RD FLOOR, RAYARA NERALU, SITE NO.29 AND 30, HALAGEVADERAHALLI, KENGERI HOBLI, BENGALURU - 560098. …PETITIONER (BY SRI. VISHNU VINAYAK C R., ADVOCATE) AND: SRI. GURU RAGHAVENDRA SAHAKARA BANK NIYAMITHA NO.15, SUBBARAMA CHETTY ROAD, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4181 WP No. 2891 of 2025 NETTAKALLAPPA CIRCLE, BASAVANAGUDI BENGALURU - 56004 REP. BY AUTHORISED OFFICER …RESPONDENT (BY SRI. NAGESHA B S., ADVOCATE AND SRI. VIJAY S MAHESHWARA PRASAD N L, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DATED 21.11.2022 (BEARING NO.SGR/SJ/1776/LN245/2022-23) ISSUED BY THE RESPONDENT UNDER SECTION 13(2) OF THE SARFAESI ACT VIDE ANNEXURE-A. QUASH THE POSSESSION NOTICE DATED 20.05.2024 (BEARING NO.SGR/SJ/283/LN 245/2024-25) ISSUED BY THE RESPONDENT UNDER SECTION 13(4) OF THE SARFAESI ACT VIDE ANNEXURE-B. QUASH THE ORDER DATED 30.12.2024 PASSED BY THE LEARNED VI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, IN CRL. MISC. NO.8606/2024 VIDE ANNEXURE-C, IN RESPECT OF THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ***** CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:4181 WP No. 2891 of 2025 ORAL ORDER 1. The petitioner has filed this writ petition challenging the demand notice dated 21.11.2022, possession notice dated 20.05.2024 and the order dated 30.12.2024 passed in Criminal Misc. No.8606 of 2024. 2. Learned counsel for the respondent submitted that this Court, vide order dated 01.02.2025, granted an interim order of stay subject to petitioner depositing 20% of Rs.92,45,382/- with the respondent bank within a period of four weeks from 01.02.2025. However, the petitioner has not complied with the interim order within the time stipulated by this Court. 3. The petitioner has an equal and efficacious remedy. Hence, I do not find any ground to entertain this writ petition. 4. At this juncture, learned counsel for the petitioner files a Memo seeking leave of the Court to withdraw - 4 - HC-KAR NC: 2026:KHC:4181 WP No. 2891 of 2025 the writ petition with a liberty to approach the Debts Recovery Tribunal. 5. The Memo is placed on record. 6. The writ petition is dismissed as withdrawn with a liberty to the petitioner to challenge the impugned order before the appropriate forum, if so advised. 7. Pending applications, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 14