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2026 DAILYLAW 6564 (KAR)

MR. R RAMACHANDRA v. THE AUTHORIZED OFFICER AND CHIEF MANAGER

WP/27861/2024 · 2026-04-24

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22919 WP No. 27861 of 2024 C/W WP No. 6669 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27861 OF 2024 (GM-DRT) C/W WRIT PETITION NO. 6669 OF 2024 (GM-DRT) IN WP No. 27861/2024 BETWEEN: MR. R RAMACHANDRA S/O. MR. RANGAIAH AGED ABOUT 64 YEARS, DOOR NO 115, 'A', 9TH CROSS, SARASWATHIPURAM, HEMAVATHINAGARA, MAIN ROAD, HASSAN - 573 201. …PETITIONER (BY SRI. K. SHASHIKANTH PRASAD,ADVOCATE) AND: THE AUTHORIZED OFFICER AND CHIEF MANAGER STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH, BUILDING NO.11/90. III FLOOR, NEAR OLD SHIVAJI THEATRE, J.C.ROAD, BENGALURU-560 002 …RESPONDENT (BY SRI. NANDISH PATIL, ADVOCATE FOR C/R C.P.NO.18047/2024) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22919 WP No. 27861 of 2024 C/W WP No. 6669 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE PROPERTY VACATING NOTICE DTD 03.10.2024 ISSUED BY THE RESPONDENT (THE AUTHORIZED OFFICER AND CHIEF MANAGER, STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH) (ANNEXURE-A) AND ETC. IN WP NO. 6669/2024 BETWEEN: MR. R RAMACHANDRA, S/O MR RANGAIAH, AGED ABOUT 64 YEARS, DOOR NO. 115, A. 9TH CROSS, SARASWATHIPURAM, HEMAVATHINAGARA, MAIN ROAD, HASSAN - 573 201. ...PETITIONER (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: THE AUTHORIZED OFFICER AND CHIEF MANAGER STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH, 3RD FLOOR, BUILDING NO. 11/90, NEAR OLD SHIVAJI THEATRE, J C ROAD, BENGALURU - 560 002. ...RESPONDENT (BY SRI. NANDISH PATIL, ADVOCATE FOR C/R C.P.NO.20959/2023) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF - 3 - HC-KAR NC: 2026:KHC:22919 WP No. 27861 of 2024 C/W WP No. 6669 of 2024 THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PROPERTY VACATING NOTICE DATED 20/02/2024 ISSUED BY THE RESPONDENT (THE AUTHORIZED OFFICER AND CHIEF MANAGER, STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH) (ANNEXURE-A). THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMMAN ORAL ORDER W.P. No.27861/2024 is filed seeking the following prayers: "(a) Set-aside the Property Vacating Notice dated 03-10-2024 issued by the Respondent [THE AUTHORIZED OFFICER & CHIEF MANAGER. STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH] [ANNEXURE-A] (b) Grant such other relief/s, as this Hon'ble Court deems fit to Grant, under the circumstances of the petition, in the interest of justice." 2. W.P. No.6669/2024 is filed seeking the following prayers: - 4 - HC-KAR NC: 2026:KHC:22919 WP No. 27861 of 2024 C/W WP No. 6669 of 2024 "(a) Set-aside the Property Vacating Notice dated 20-02-2024 issued by the Respondent [THE AUTHORIZED OFFICER & CHIEF MANAGER,, STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH] [ANNEXURE-A] (b) Grant such other relief/s, as this Hon'ble Court deems fit to Grant, Under the circumstance of the petition, in the interest of Justice." 3. It is a contention of the petitioner that as per the statement given by the respondent Bank, the petitioner is required to pay only Rs.30,00,000/- and odd, and he is ready to pay the same within a period of 180 days. 4. Learned counsel appearing for the respondent-Bank submits that the petitioner is having two accounts. SARFAESI proceedings have been initiated and the notices under Section 13(2) of the SARFAESI Act have been issued in respect of both the accounts. According to the respondent Bank, the outstanding is Rs.66,60,000/-. The same is disputed by the learned counsel for the petitioner. 5. Learned counsel for the petitioner submits that the outstanding amount is only Rs.30,00,000/- and that the - 5 - HC-KAR NC: 2026:KHC:22919 WP No. 27861 of 2024 C/W WP No. 6669 of 2024 petitioner is a senior citizen. It is further submitted that, unless the writ petition is allowed by setting aside the impugned notice, it would cause lot of prejudice to the petitioner. 6. This Court wanted to dispose of the writ petition, provided the petitioner is ready to pay the amount. However, there is a dispute as to whether the outstanding amount is Rs.30,00,000/- or Rs.60,00,000/- and also as to whether the SARFAESI proceedings can be initiated against the other loan account. 7. All these questions, the DRT will be in a better position to decide, where the parties will be able to produce evidence in support of their respective contentions before the DRT. 8. In that view of the matter, this Court is passing the following : ORDER i. The writ petitions are disposed of, giving liberty to the petitioner to avail the appropriate remedy before the DRT. - 6 - HC-KAR NC: 2026:KHC:22919 WP No. 27861 of 2024 C/W WP No. 6669 of 2024 ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. The petitioner shall approach the DRT within 40 days from the date of the receipt of the copy of this order. Till such time, interim order granted earlier shall continue to operate. iv. Pending IAs., if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 1