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2026 DAILYLAW 46616 (KAR)

ABDUL HAMID M U v. UNION BANK OF INDIA

WP/3559/2022 · 2026-02-05

D K Singh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6778 WP No. 3559 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 3559 OF 2022 (GM-RES) BETWEEN: 1. ABDUL HAMID M U S/O. LATE. K S MUMMER, NO. 24/140, AZAD NAGAR, UKKUDA ROAD, MADIKERI, KODAGU 571201, (NOTE SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. MAHESHA K N., ADVOCATE) AND: 1. UNION BANK OF INDIA HAVING REGIONAL OFFICE AT NO. 2254, KAUSALYA, 3RD FLOOR, VINOBHA ROAD, MYSORE 577775, REP BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. SATYANARAYANA., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE POSSESSION NOTICE DTD.18.3.2020 ISSUED BY THE RESPONDENT AT ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6778 WP No. 3559 of 2022 ORAL ORDER The petitioner has filed this writ petition seeking to quash the Possession Notice dated 18.03.2020 for non-payment of outstanding amount of Rs.10,33,454/- and interest thereon. 2. This Court, on 16.02.2022, has granted interim order subject to the petitioner making payment of 30% of the outstanding amount in three installments. 3. The petitioner had taken overdraft facility from the respondent-Bank. The petitioner's loan account turned NPA. As the petitioner could not pay the balance amount in terms of the loan agreement, the proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act') were initiated against him and finally, the impugned possession notice was issued under Section 13(4) of the SARFAESI Act on 18.03.2020. 3. The learned counsel for the petitioner submitted that the petitioner has already paid 30% of the outstanding amount in compliance of the interim order dated 16.02.2022 - 3 - HC-KAR NC: 2026:KHC:6778 WP No. 3559 of 2022 and is willing to pay the balance amount along with accrued interest in a few installments as he does not have means to pay the balance outstanding amount in one-go. 4. Considering the aforesaid facts and the meager amount involved, we dispose of the writ petition with the following directions: i. The petitioner shall pay the entire outstanding amount along with the accrued interest thereon in 12 equal monthly installments. ii. The first installment is to be paid on or before 25.02.2026 and the remaining 11 installments on or before 25th day of each succeeding month thereafter. iii. In case of failure to make payment of any of the installments as directed above, the bank shall be free to proceed against the petitioner to recover the balance amount in accordance with law. iv. The bank shall communicate the outstanding amount to the petitioner without - 4 - HC-KAR NC: 2026:KHC:6778 WP No. 3559 of 2022 imposing the penalty/penal interest and charges within one week from today. With the aforesaid directions, the writ petition is disposed of. Sd/- (D K SINGH) JUDGE RKA List No.: 1 Sl No.: 8