Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 7597 (KAR)

MANJUNATH C P v. STATE OF KARNATAKA

WP/25818/2024 · 2026-02-12

Ashok S Kinagi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:8921 WP No. 25818 of 2024 C/W WP No. 26133 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 25818 OF 2024 (GM-DRT) C/W WRIT PETITION NO. 26133 OF 2022 (GM-DRT) IN WP No. 25818/2024 BETWEEN: MANJUNATH C P S/O PUTTAIAH, AGED ABOUT 51 YEARS, R/AT SRI RANGANATHASWAMY NILAYA, H N PURA ROAD, BEHIND OLD ARUNODHAYA SCHOOL, CHENNAPATTNA, HOLENARASIPURA, HASSAN-573201 …PETITIONER (BY SRI. ANUSHA NANDISH., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, GATE NO.3, 6TH FLOOR, MULTI-STORIED BUILDING, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8921 WP No. 25818 of 2024 C/W WP No. 26133 of 2022 BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA STATE SOUHARDHA FEDERAL SAHAKARI 18TH CROSS ROAD, MALLESHWARAM, BENGALURU-560055 REP. BY THE DIRECTOR REGISTERED UNDER KSS ACT 1997 3. SURABHI SOUHARDHA CREDIT CO OPERATIVE LTD NO.2, SURABHI SAHAKARI SADANA, 3ND FLOOR, 13TH CROSS, ATTIMABBE ROAD, C T BED EXTENSION, BANAHSHANKARI 2ND STAGE, BENGALURU-560070 REP. BY THE AUTHORISED OFFICER REGISTERED UNDER KSS ACT 1997 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 SRI. N SUKUMAR, ADVOCATE FOR R3 R2 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE DATED 23.08.2024 ISSUED BY THE R-3 UNDER SECTION 13 (2) OF THE SARFAESI ACT, 2002 (ANNEXURE -A). IN WP NO. 26133/2022 BETWEEN: 1. SMT SHEELA K R W/O B M JALAPPA, AGED ABOUT 55 YEARS, R/AT NO.2, 5TH CROSS, RANGASWAMY TEMPLE STREET, - 3 - HC-KAR NC: 2026:KHC:8921 WP No. 25818 of 2024 C/W WP No. 26133 of 2022 CHIKKAPETE, BENGALURU-560053 ...PETITIONER (BY SRI. SAMEER S N., ADVOCATE) AND: SURABHI SOUHARDA CREDIT CO OPERATIVE LIMITED NO.270, IST FLOOR, SAIRAM COMPLEX, 5TH CROSS, 5TH BLOCK, KATHRIGUPPE, BSK 3RD STAGE, BENGALURU-560085 REPRESENTED BY CHIEF EXECUTIVE OFFICER/AUTHORISED OFFICER ...RESPONDENT [BY SRI. SHIVASHANKARA A., ADVOCATE FOR C/R IN CP No. 20752/2022 SRI. N SUKUMAR JAIN, ADVOCATE (NOC)] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE -A THE DEMAND NOTICE DATED 05.04.2022 UNDER SECTION 13 (2) OF THE SARFAESI ACT, 2002 ISSUED BY THE RESPONDENT CHIEF EXECUTIVE OFFICER/ AUTHORIZED OFFICER, SURABHI SOUHARDHA CREDIT CO-OPERATIVE LIMITED.QUASH ANNEXURE -B THE POSSESSION NOTICE DATED 07.06.2022 UNDER SECTION 13 (4) OF THE SARFAESI ACT, 2002 ISSUED BY THE RESPONDENT CHIEF EXECUTIVE OFFICER/ AUTHORIZED OFFICER, SURABHI SOUHARDHA CREDIT CO-OPERATIVE LIMITED. QUASH ANNEXURE - C THE ORDER PASSED IN CRL.MIS.NO. 4421/2022 DATED 08.12.2022 PASSED BY LEARNED 9TH ACMM AT BENGALURU. THESE PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:8921 WP No. 25818 of 2024 C/W WP No. 26133 of 2022 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners have filed these writ petitions challenging the notices issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the Act’). 2. The petitioner in WP No.25818 of 2024 though replied to the demand notice under Section 13(3A) of the Act, the respondent-Bank has not communicated to the petitioner in this regard under Section 13(4) of the Act. The proceedings are still pending. In this view of the matter, no adverse order has been passed against the petitioner. 3. I do not find any grounds to entertain the writ petition. Accordingly, writ petition in W.P. No.25818 of 2024 is dismissed. - 5 - HC-KAR NC: 2026:KHC:8921 WP No. 25818 of 2024 C/W WP No. 26133 of 2022 4. The respondents are directed to consider Annexure ‘E’ and thereafter, pass an appropriate order in accordance with law. 5. Learned counsel for the petitioner in WP No.26133 of 2022 has filed a Memo seeking leave of the Court to withdraw the writ petition with a liberty to proceed with the Securitisation Application filed before the Debts Recovery Tribunal. 6. Memo is placed on record. 7. The writ petition in W.P. No.26133 of 2022 is dismissed as withdrawn with the aforesaid liberty. 8. Pending applications, if any, stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE RK & PA CT:KHV List No.: 2 Sl No.: 13