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2026 DAILYLAW 47370 (KAR)

THE AMANATH CO OPERATIVE BANK LTD v. GOVERNMENT OF INDIA

WP/9809/2022 · 2026-01-19

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2691 WP No. 9809 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 9809 OF 2022 (GM-RES) BETWEEN: THE AMANATH CO-OPERATIVE BANK LTD AMANATH HOUSE, NO.43, HOSPITAL ROAD, SHIVAJINAGAR BENGALURU - 560 001. REP. BY ITS CHIEF OPERATING OFFICER VENUGOPAL D.H AGED ABOUT 59 YEARS, S/O D.H.RAO …PETITIONER (BY SRI. ABHINAV RAMANAND A.,ADVOCATE) AND: 1. GOVERNMENT OF INDIA DIRECTORATE OF ENFORCEMENT, BENGALURU ZONAL OFFICE, "B" BLOCK, 3RD FLOOR, K.H.ROAD, SHANTHINAGAR, BENGLAURU - 560 027. REP BY ITS DEPUTY DIRECTOR. 2. THE STATE OF KARNATAKA DEPARTMENT OF STAMPS AND REGISTRATION, M.S. BUILDING DR. B.R.AMBEDKAR VEEDHI BENGALURU- 560 001 REP. BY ITS PRINCIPAL SECRETARY. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2691 WP No. 9809 of 2022 3. THE ASSISTANT REGISTRATOR OF CO- OPERATIVE SOCIETIES AND RECOVERY OFFICER (U/R-441) AMANATH CO OPERATIVE BANK 2ND ZONE BENGALURU URBAN DISTRICT NO.146, SAHAKARA SOUDHA 2ND FLOOR, 3RD MAIN, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM BENGALURU - 560 003. 4. THE SUB REGISTRAR JAYANAGAR NO.4, OLD NO. 622/623 3RD FLOOR, 10TH A MAIN ROAD, 4TH BLOCK JAYANAGARA BENGALURU - 560 011. …RESPONDENTS (BY SRI. H. JAYAKARA SHETTY, SENIOR CGC FORR1; SMT. B.P. RADHA, AGA FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 and 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 03.03.2022 ISSUED BY THE R-4 VIDE ANNX-F TO THE PRESENT W.P. BY DECLARING THAT THERE IS NO IMPEDIMENT FOR THE SECURED CREDITOR TO SECURE THEIR INTEREST AND BY PROCEEDING AGAINST THE PROPERTIES PLEDGED AND OFFERED AS SECURITY TO SUCH INSTITUTIONS ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 3 - HC-KAR NC: 2026:KHC:2691 WP No. 9809 of 2022 ORAL ORDER Petitioner-Co-operative Bank Ltd. is before this Court being aggrieved by the endorsement dated 03.03.2022 produced at Annexure-F issued by respondent No.4/Sub- Registrar, Jayanagar, declining to register a transfer deed in respect of property bearing No.1361, Corporation No. 1361/C- 1, Division No.57, 31st 'B' Cross, 4th 'T' block, Jayanagar, Bangalore-11, which was subject matter of an Award proceedings in Dispute No.JRD/UBF/1435/2005-2006 and Execution Order bearing No.AR/RO/CEP/35/2012-2013 which has attained finality. It appears that said endorsement at Annexure-F came to be issued in furtherance to a communication dated 25.06.2021 produced at Annexure-G issued by Directorate of Enforcement, Bengaluru Zonal Office addressed to the respondent No.4/Sub-Registar requesting not to allow any type of sale/transfer/alienation/ modification without prior intimation to the office. 2. Learned counsel appearing for the petitioner taking this Court through the records submits that by communication dated 25.06.2021 at Annexure-G, the Directorate of - 4 - HC-KAR NC: 2026:KHC:2691 WP No. 9809 of 2022 Enforcement Bengaluru Zonal Office has merely sought for information under the provisions of Section 50 of PML Act and has not in any manner directed respondent No.4 not to register the document as sought to be made out under the impugned endorsement. He further submits that in any event, the property referred to above is going to be registered in the name of the petitioner/bank which would be asset of the Bank. As such, there cannot be any objections for the same by the respondent/ authorities. 3. Sri. H. Jayakara Shetty, learned Senior CGC appearing for the respondent No.1 brings to the notice of this Court that the legality of investigations that were initiated by the Directorate of Enforcement, Bengaluru, was put in question in W.P.No.18217/2024 c/w W.P.No.10806/2023 and W.P.No.10840/2023 and Co-ordinate Bench of this Court by its order dated 13.12.2024 has quashed the said proceedings in Special C.C. No.711/2023, which are pending before the Principal City Civil and Sessions Judge for Prevention of Money Laundering Act, arising out of Enforcement Case Information Report-ECIR/08/BGZO/2013, which is referred to in the - 5 - HC-KAR NC: 2026:KHC:2691 WP No. 9809 of 2022 impugned endorsement dated 03.03.2022. In that view of the matter, the endorsement issued has worked itself out. 4. However learned counsel for the respondent No.1 submits that the subject property though to be registered in the name of the petitioner- Bank, shall not be alienated further. 5. In response, learned counsel for the petitioner submits that the property would be registered only in the name of the petitioner/bank and any further alienation or creating any third party interest would be subject to intimation to the respondent No.1. 6. Submission is placed on record. 7. Accordingly, petition is disposed of. The endorsement dated 03.03.2022 issued by the respondent No.4 at Annexure-F and impugned direction dated 25.06.2021 produced at Annexure-G issued by the respondent No.1 are quashed. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 16