- 1 - HC-KAR NC: 2026:KHC:20340 WP No. 16458 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.16458 OF 2022 (GM-RES) BETWEEN: 1. M/S. GAJANANA AGRO FOOD INDUSTRIES REPRESENTED BY ITS PROPRIETOR MR RAGHAVENDRA HEMMANNA FACTORY AT D.NO.1/121A B. DAMODARA HEMMANNA INDUSTRIAL ESTATE SIDDAPURA, KUNDAPURA TALUK, UDUPI-576 229. 2. SHRI. RAGHAVENDRA HEMMANNA S./O MR. DAMODARA HEMMANNA AGED ABOUT 51 YEARS 3. SMT. ASHA KIRAN RAGHAVENRA HEMMANNA W/O SHRI. RAGHAVENDRA HEMMANNA AGED ABOUT 48 YEARS No.2 AND 3 ARE ADDRESSED AT: D.NO.1/121A B.DAMODARA HEMMANNA INDUSTRIAL ESTATE SIDDAPURA, KUNDAPURA TALUK, UDUPI-576 229. …PETITIONERS (BY SRI. MOHAMMED ATIF, ADVOCATE FOR SRI. RAJENDRA M.A., ADVOCATE) AND: 1. THE CHIEF MANAGER AND AUTHORISED OFFICER KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20340 WP No. 16458 of 2022 III FLOOR, KARNATAKA BANK BUILDING KODIALBAIL, MANGALURU-575 003. …RESPONDENT THIS WRIT PETITON IS FILED UNDER ARTICLED 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE ORDER PASSED BY THE PRL. SR. CIVIL JUDGE AND CJM, UDUPI IN CRL MISC NO.32/2021 ON 2ND AUGUST 2022 ANNEXURE-A. GRANT AN INTERIM ORDER TO STAY RESTRAINING THE RESPONDENT BANK FROM TAKING PHYSCIAL POSSESSION OF THE FACTORY LAND AND BUILDING AND SEIZING THE PLANT AND MACHINERIES SO INSTALLED TILL DISPOSAL OF THE W.P. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The writ petition is filed against Karnataka Bank Limited. 2. In the light of the law laid down in the judgment of the Apex Court in Phoenix ARC Private Limited v. Vishwa Bharati Vidya Mandir and Others reported in (2022) 5 SCC 345, the writ petition against Karnataka Bank Limited is not maintainable. 3. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail appropriate remedy. - 3 - HC-KAR NC: 2026:KHC:20340 WP No. 16458 of 2022 4. The petitioner shall have the benefit of Section 14 of the Limitation Act. All pending I.As. shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE ST List No.: 1 Sl No.: 15