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2026 DAILYLAW 52163 (KAR)

M/S SYBAN INDIA v. BANK OF INDIA

WP/39105/2025 · 2026-01-07

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:903 WP No. 39105 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. 39105 OF 2025 (GM-DRT) BETWEEN: M/S SYBAN INDIA REGISTERED OFFICE AT NO.FLAT NO. 103. 1ST FLOOR & 2ND FLOOR, SHARADA RESIDENCY KATHA NO.314/316/120/321/2, 2ND CROSS II MAIN BIKASIPURA, KUMARASWAMY LAYOUT, BENGALURU-560078 REPRESENTED BY ITS MANAGING PARTNER SRI.K.N.SURESH KUMAR AND ALSO AT- NO.44/1, 1ST AND 2ND FLOOR 16TH CROSS, JAYANAGARA 7TH BLOCK, K.R.ROAD, BENGALURU-82 …PETITIONER (BY SRI. LOKESHA M Y., ADV.) AND: Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:903 WP No. 39105 of 2025 BANK OF INDIA MAIN BRANCH, NO.11, KEMPEGOWDA ROAD, BENGALURU-560009 REPRESENTED BY CHIEF MANAGER …RESPONDENT (BY SRI. B.S.JEEVAN KUMAR, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ORDER DATED 21.11.2025 PASSED BY THE XXX ADDL. CHIEF JUDICIAL MAGISTATE BENGALURU IN CRL. MISC NO.8332/2025 AS PER ANNX-A HOLDING THE SAME IS ILLEGAL, GRANT AN INTERIM ORDER TO RESTRAINING THE RESPONDENT BANK HEREIN AND ANY OF ITS SERVANTS AGENTS OR OFFICERS FROM TAKING POSSESSION OF THE SCHEDULE PROPERTY IN PURSUANCE TO THE PROVISION OF THE SARFASESI ACT AND TO STAY THE FURTHER PROCEEDINGS IN THE ORDER DATED 21.11.2025 PASSED BY THE XXX ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU IN CRL. MISC. NO. 8332/2025 AS PER ANNX-A PENDING DISPOSAL OF THE PRESENT WP AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:903 WP No. 39105 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this petition challenging the order dated 21.11.2025 passed by XXX Additional Chief Judicial Magistrate, Bengaluru in Crl.Misc.No.8332/2025 vide Annexure-A. 2. Learned counsel for the respondent submits that the respondent-Bank has regularized the account of the petitioner, and in view of the same, nothing survives for consideration in this writ petition, and submits that the respondent has stopped the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’). 3. In view of the submission made by the learned counsel for the respondent, nothing survives for - 4 - HC-KAR NC: 2026:KHC:903 WP No. 39105 of 2025 consideration in this writ petition. Accordingly, writ petition is disposed off as having become infructuous. 4. Pending application(s), if any, shall stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB