CHANNAKESHAVA MURTHY v. THE CHIEF MANAGER AND AUTHORISED OFFICER
WP/24636/2022 · 2026-04-02
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4767 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4767 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:18695 WP No. 24636 of 2022
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. 24636 OF 2022 (GM-DRT)
BETWEEN:
CHANNAKESHAVA MURTHY S/O D. KRISHNAPPA AGED ABOUT 46 YEARS R/AT NO.40, 3RD BLOCK 3RD STAGE, SANEGURUVANAHALLI, BASAVESHWARANAGAR BENGALURU - 560 079. &PETITIONER (BY SRI. R SHASHIDHARA., ADVOCATE) AND:
THE CHIEF MANAGER AND AUTHORISED OFFICER KARNATAKA BANK LIMITED ASSET RECOVERY MANAGEMENT BRANCH, 1ST FLOOR, FKCCI BUILDING, KEMPEGOWDA ROAD, BENGALURU - 560 009. &RESPONDENT (BY SRI. ANISH ACHARYA., ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED POSSESSION NOTICE ISSUED BY THE RESPONDENT DATED 22.11.2022 VIDE ANNEXURE-C TO THE WRIT PETITION; DIRECTING THE RESPONDENT TO GIVE SOME
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:18695 WP No. 24636 of 2022
MORE TIME TO THE PETITIONER TO PAY THE REMAINING LOAN AMOUNT, ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER
The writ petition is filed seeking the following prayer:
a) Issue writ of certiorari or any other writ or order or direction, in the nature of writ, quashing the impugned possession notice issued by the Respondent dated 22.11.2022 vide Annexure-C to the writ petition.
b) Issue writ of mandamus or any other writ or order or direction, in the nature of writ, directing the respondent to give some more time to the petitioner to pay the remaining loan amount, in the interest of justice and equity.
c) Issue any order or direction in the nature of writ as this Hon'ble Court may deem fit under the facts and circumstances of the case including as to the cost by allowing this writ petition in the interest of justice and equity.
2. When the matter came up on last occasion, the petitioner has submitted that he is ready to pay the entire outstanding amount within three months, this Court had
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HC-KAR NC: 2026:KHC:18695 WP No. 24636 of 2022
directed the petitioner to file an undertaking affidavit. Today, an undertaking affidavit is filed, stating that the petitioner is ready to clear the entire outstanding amount within three months.
3.
Learned counsel appearing to the Respondent/ Bank submits that this Court may impose conditions, incase, there is any default on the part of the petitioner.
4. Considering the same, this Court is passing the following:
ORDER i. In the light of the undertaking affidavit filed before this Court, the petitioner shall pay the entire outstanding amount within three months from today i.e., by 03rd of July 2026. ii. The Respondent/Bank before the third installment, shall inform to the petitioner, if any interest/expenses that accrued on the amount and the same shall be paid by the petitioner.
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HC-KAR NC: 2026:KHC:18695 WP No. 24636 of 2022
iii. If the petitioner fails to honor any one of the conditions of the undertaking affidavit, he shall pay cost of Rs.1,00,000/- (Rupees One Lakh only) to the Respondent/Bank. iv. If the petitioner fails to pay the amount by 03rd of July, 2026, the Respondent/Bank is at liberty to take appropriate steps. v. Accordingly, the writ petition is disposed of. vi. Pending I.As if any, in the petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
DH List No.: 1 Sl No.: 32