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2026 DAILYLAW 49043 (KAR)

SRI B S ARUN v. M/S STATE BANK OF INDIA

WP/35328/2018 · 2026-01-13

M G S Kamal

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2088 WP No. 35328 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35328 OF 2018 (GM-RES) BETWEEN: SRI B S ARUN S/O SRI SHANKARANARAYANA AGED ABOUT 44 YEARS, AT NO.200, 'VASUDEVA NILAYA' 10TH CROSS, NGEF LAYOUT NRUPATHUNGANAGAR BENGALURU-560 072. &PETITIONER (BY SRI. B.S. ARUN, ADVOCATE-ABSENT) AND: M/s.STATE BANK OF INDIA SMALL AND MEDIUM ENTERPRISES CENTRE (SMEC) PEENYA (015913) NO.161 LOTUS 10TH MAIN ROAD, 3RD PHASE LAGGERE CROSS OPP POLLUTION CONTROL BOARD PEENYA INDUSTRIAL AREA BENGALURU-560 058 REP. BY ITS CHIEF MANAGER. &RESPONDENT (BY SMT. SHEELA DEEPAK, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 04.08.2018 ISSUED BY THE RESPONDENT TO VACATE THE PREMISES AND ALSO ALLEGEDLY CLAIMED TO HAVE TAKEN CONSTRUCTIVE POSSESSION OF THE PROPERTY VIDE ANNEXURE-D. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2088 WP No. 35328 of 2018 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The Court notice issued to the petitioner vide order dated 10.02.2023 is stated to have been received as found in the postal track record. 2. Learned counsel for the respondent pointed out to the issue raised in the present proceedings with regard to validity or otherwise of the action taken by the respondent-bank under the provisions of Section 13 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act. 3. In that view of the matter, since the petitioner has alternate and efficacious remedy under Section 17 of the Act, reserving liberty to the petitioner to avail such remedy, if so advised, petition is dismissed. - 3 - HC-KAR NC: 2026:KHC:2088 WP No. 35328 of 2018 It is made clear that no order is passed on the merits of the case. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 2