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2026 DAILYLAW 50611 (KAR)

SMT. KATHYAYINI G V v. THE AUTHORIZED OFFICER

WP/34888/2024 · 2026-02-03

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6316 WP No. 34888 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO.34888 OF 2024 (GM-DRT) BETWEEN: SMT. KATHYAYINI G.V. D/O LATE VENKATACHALAPPA, AGED ABOUT 45 YEARS, R/AT NO.71, 14TH CROSS, NEAR ST.ANTHONY CHURCH, GANGONDANAHALLI, BENGALURU SOUTH, BENGALURU-560039. …PETITIONER (BY SRI VISHWANATHA K., ADVOCATE AND SRI T.V. NANJEGOWDA, ADVOCATE) AND: 1. THE AUTHORIZED OFFICER MAHILA CO OPERATIVE BANK LIMITED, ADMINISTRATIVE OFF AT NO.14, SOUTH END ROAD, SHESHADRIPURAM, BENGALURU-560020. 2. THE BRANCH MANAGER MAHILA CO-OPERATIVE BANK LIMITED, OFF AT NO.462, 1ST BLOCK, 10TH MAIN, 3RD STAGE, BASAVESHWARANAGARA, BENGALURU-560079. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-C PASSED BY THE 46TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BANGALORE IN CRL.MIS.NO.3638/2024 BY ITS ORDER DATED 29.06.2024. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6316 WP No. 34888 of 2024 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner, aggrieved by the order dated 29.06.2024 passed in Crl.Mis.No.3638/2024 by the learned 46th Additional Chief Metropolitan Magistrate, Bengaluru. 2. The petitioner, without exhausting the equal efficacious remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, filed this writ petition. The writ petition is not maintainable in view of the proposition of law laid down by the Hon’ble Apex Court in the case of Rikhab Chand Jain Vs. Union of India and Others1. Hence, I do not find any grounds to entertain the writ petition. 3. Accordingly, the writ petition is dismissed reserving a liberty to the petitioner to challenge the impugned order before the appropriate forum, if so advised. 1 2025 SCC OnLine SC 2510 - 3 - HC-KAR NC: 2026:KHC:6316 WP No. 34888 of 2024 4. Pending application(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 8