Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14285 WP No. 9868 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9868 OF 2021 (GM-DRT) BETWEEN:
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M.H. MALLESHAPPA S/O LATE H HALAPPA, AGED 70 YEARS, R/AT AGARADAHALLI POST BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577227 …PETITIONER (BY SRI. PRAKASH K.A., ADVOCATE) AND:
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THE KARNATAKA BANK LTD APMC YARD BRANCH SHIVAMOGGA - 577204 REPRESENTED BY ITS SENIOR BRANCH MANAGER, SRI GOPAL P UPADHYA …RESPONDENT (BY SRI. K.V. SHYAMAPRASADA, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER PASSED IN O A NO.270/2014 BY THE HONBLE DEBT RECOVERY TRIBUNAL - AT BENGALURU AND THE SUBSEQUENT RECOVERY PROCEEDINGS INITIATED BY THE RECOVERY OFFICER-2 IN RC NO.995/2018 BY WAY OF SALE PROCLAMATION DATED 20.03.2021 (ANNEXURE-A) ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14285 WP No. 9868 of 2021
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER There is no representation on behalf of the petitioner.
2. The writ petition is field against the respondent Bank. It is submitted by the learned counsel appearing for the petitioner that a Co-ordinate Bench of this Court in the case of Sri. Gautham vs. Karnataka Bank Ltd., arising out of W.P.No.11869/2017 c/w W.P.No.27352/2016 dated 04.03.2020, has held that the writ petition against the Karnataka Bank Ltd., is not maintainable.
3. In the light of the law laid down in the referred
judgment in Sri. Gautham's case (supra), the writ petition is dismissed as not maintainable. However, liberty is given to the petitioner to avail the appropriate remedy.
4. Pending IAs., if any, shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 6