- 1 - HC-KAR NC: 2026:KHC:896 WP No. 28099 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 28099 OF 2025 (GM-DRT) BETWEEN: NKGSB CO-OPERATIVE BANK LIMITED (MULTI STATE SCHEDULED BANK) SHESHADRIPURAM BRANCH, 1ST MAIN ROAD, SESHADRIPURAM, BANGALORE-560 020. REPRESENTED BY ITS THE ASSISTANT ZONAL HEAD/ AUTHORISED OFFICER. SRI. VIVEKANAND.V.SHIRALI AGED ABOUT 50 YEARS …PETITIONER (BY SRI. SHARATH KUMAR SHETTY., ADV.) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANASOUDHA, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:896 WP No. 28099 of 2025 BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, BANGALORE SUB-DIVISION, BANGALORE-560 001 3. THE INSPECTOR GANGAMANAGUDI POLICE, BANGLAORE-560 045 4. SRI.H.RANGASWAMY ANAND, AGED ABOUT 55 YEARS, NO.85/42, 2ND FLOOR, 1ST MAIN, 1ST CROSS, NEAR ULLA SIGNAL, OPPOSITE JNANABHARATHI BUS STOP, ULLAL MAIN ROAD, BANGLAORE-560 072 (BORROWER AND MORTGAGOR) 5. SRI.H.ANAND GEETHA, AGE ABOUT 45 YEARS, NO.85/42, 2ND FLOOR, 1ST MAIN, 1ST CROSS, NEAR ULLA SIGNAL, OPPOSITE JNANABHARATHI BUS STOP, ULLAL MAIN ROAD, - 3 - HC-KAR NC: 2026:KHC:896 WP No. 28099 of 2025 BANGLAORE-560 072 BANGLAORE-560 045 (CO-BORROWER) 6. SRI.H.ANAND NITHIN AGED ABOUT 55 YEARS, NO.85/42, 2ND FLOOR, 1ST MAIN, 1ST CROSS, NEAR ULLA SIGNAL, OPPOSITE JNANABHARATHI BUS STOP, ULLAL MAIN ROAD, BANGLAORE-560 045. (GUARANTOR) …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R3, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTION DIRECTING THE R3 TO TAKE ACTION AS PER THE ORDER PASSED BY THE HONBLE XXIVTH CHIEF METROPOLITAN MAGISTRATE COURT AT BANGALORE IN CRL.MISC. NO. 5904/2023 AS PER ANNX-C, B) TO DIRECT THE R3 TO GIVE PROTECTION FOR TAKING POSSESSION OF THE SCHEDULE PROPERTY AS PER SECTION 14 OF SARFEASI ACT 2002 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:896 WP No. 28099 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER This writ petition is filed by the petitioner seeking a mandamus directing respondent No.3 to take action as per the order passed by the learned XXIV Chief Metropolitan Magistrate Court, Bangalore in Crl.Misc.No.5904/2023 vide Annexure-C, and also to issue a direction to respondent No.3 to give protection for taking the possession of the schedule property as per Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’). 2. Brief facts, leading rise to the filing of this writ petition are as follows: Respondent Nos.4 to 6 obtained the loan of Rs.68,00,000/- from the petitioner-Bank on 26.06.2019. Respondent Nos.4 to 6 committed a default in repaying the loan amount. The petitioner-Bank initiated recovery - 5 - HC-KAR NC: 2026:KHC:896 WP No. 28099 of 2025 proceedings under Section 13(2) of the SARFAESI Act by issuing a notice to respondent Nos.4 to 6 to make a payment of the outstanding loan amount. The petitioner- Bank filed a petition under Section 14 of the SARFAESI Act in Crl.Misc.No.5904/2023 on the file of XXIV Chief Metropolitan Magistrate Court, Bangalore. The learned XXIV Chief Metropolitan Magistrate Court, Bangalore allowed the petition filed by the petitioner-Bank vide Annexure-C dated 18.10.2023. Respondent No.3 is not cooperating for the implementation of the order passed in Crl.Misc.No.5904/2023. Hence, this writ petition. 3. Sri A.Nagaraju, ASI, Gangamanagudi Police, Bangalore - Respondent No.3 is personally present and he submits that, if the date is fixed for taking over the possession, he undertakes to provide a police protection for the implementation of the order dated 18.10.2023 passed in Crl.Misc.No.5904/2023. In view of the - 6 - HC-KAR NC: 2026:KHC:896 WP No. 28099 of 2025 undertaking given by respondent No.3, I proceed to pass the following: ORDER i. The writ petition is disposed off, directing respondent No.3 to provide police protection to the authorized officer for taking the possession of the secured asset. ii. The authorized officer is directed to execute the order passed in Crl.Misc.No.5904/2023 on 19.01.2026. Sd/- (ASHOK S.KINAGI) JUDGE SSB