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2026 DAILYLAW 46705 (KAR)

SRI D SHIVANNA v. THE BANK MANAGER

WP/5044/2024 · 2026-01-27

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4186 WP No. 5044 of 2024 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. 5044 OF 2024 (GM-DRT) BETWEEN: SRI D SHIVANNA S/O LATE DODDASHANAIAH, AGED ABOUT 74 YEARS, BENEFIT OF SENIOR CITIZENSHIP IS CLAIMING, R/AT NO. 74, / 11, 8TH MAIN, 4TH BLOCK, NANDINI LAYOUT, BENGALURU 96. …PETITIONER (BY SRI. JAYALAKSHMAMMA K B., ADVOCATE) AND: 1. THE BANK MANAGER STATE BANK OF INDIA, 1ST FLOOR, UPPER PALACE URCHARDS, NO. 397, 13TH CROSS, SADASHIVANAGARA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4186 WP No. 5044 of 2024 BENGALURU - 560080 REPRESENTED BY ITS CHIEF MANAGER. 2. THE ASSISTANT GENERAL MANAGER THE STATE BANK OF INDIA, RACPC, MALLESHWARAM, BENGALURU - 560 020 REPRESENTED BY AUTHORIZED OFFICIAL/ CHIEF MANAGER. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (a) QUASH THE DEMAND NOTICE DATED 09.11.2023 ISSUED BY THE RESPONDENT NO.2 UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST (SARFESI ACT 2002), HEREINAFTER REFERRED TO AS THE ACT, VIDE ANNEXURE-A. (b) DIRECT THE RESPONDENT BANKS TO RELEASE ALL ORIGINAL DOCUMENTS WHICH ARE DEPOSITED IN THE SAID BANK IN FAVOUR OF THE PETITIONER AFTER CLEARANCE OF THE INSTALLMENT AMOUNT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ***** - 3 - HC-KAR NC: 2026:KHC:4186 WP No. 5044 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner is aggrieved by the demand notice dated 09.11.2023 issued by respondent No.2 under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’). 2. When a notice is issued under Section 13(2) of the SARFAESI Act, the borrower should give a reply to the said notice as required under section 13(3A) of the SARFAESI Act. The petitioner without giving a detailed reply to the notice issued under Section 13(2) of the SARFAESI Act has filed this writ petition. 3. Hence, the writ petition filed by the petitioner is not maintainable. Accordingly, the writ petition is dismissed. - 4 - HC-KAR NC: 2026:KHC:4186 WP No. 5044 of 2024 4. However, a liberty is reserved to the petitioner to reply to the impugned notice, and thereafter, the respondent shall consider the reply and pass an appropriate order in accordance with law. 5. Pending applications, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 4