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2026 DAILYLAW 8557 (KAR)

SRI BALASUBRAMANYAM v. THE AUTHORIZED OFFICER AND MANAGER

WP/25584/2022 · 2026-03-04

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13292 WP No. 25584 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25584 OF 2022 (GM-DRT) BETWEEN: SRI. BALASUBRAMANYAM S/O LATE SRI VARDAN AGED ABOUT 48 YEARS R/A NO.5/1, 4TH CROSS MANJUNATH NAGAR BANGALORE-560 023 …PETITIONER (BY SRI. BHAT VEENA VENKATARAMAN, ADVOCATE) AND: THE AUTHORIZED OFFICER AND MANAGER THE BANGALORE CITY CO -OPERATIVE BANK LIMITED Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13292 WP No. 25584 of 2022 ADMIN OFFICE, #3, PAMPA MAHA KAVI ROAD CAMARAJPET BANGALORE-560 018 …RESPONDENT (BY SRI. LOKESH K.V., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE GRANT OF AN INTERIM INJUNCTION IN THE PRESENT SUIT TO RESTRAIN THE RESPONDENT, FROM ALL SARFAESI PROCEEDINGS BY STAYING THE VACATING NOTICE DATED 12.12.2022 ISSUED BY THE RESPONDENT, BY ISSUING APPROPRIATE DIRECTIONS TO THE RESPONDENT. VIDE ANNEXURE-A1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:13292 WP No. 25584 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER For the reasons stated above it is prayed that this Hon'ble High Court may kindly be pleased to: 1. Issue a writ of mandamus or any other writ as applicable to allow the grant of an interim injunction in the present suit to restrain the Respondent, from all SARFAESI proceedings by staying the vacating notice dated 12.12.2022 issued by the Respondent, by issuing appropriate directions to the Respondent, which this Hon'ble High Court deems it fit, Annexure-A. 2. To pass the order for restraining further SARFAESI proceedings like taking physical possession (against the enclosed notice and under necessary and/or appropriate order) and sale of mortgaged property by the Respondent, by directing the Respondent to accept any payments by the Petitioner, as directed by this Hon'ble High Court, 3. Pass such other order or direction that this Hon'ble High court deems fit to pass in the circumstances of the case." 2. Learned counsel appearing for the respondent submits that as per the order passed by the Court, the possession is restored and the account is regularised and no proceedings are pending. 3. Learned counsel appearing for the petitioner submits that now the Bank is demanding an amount of Rs.22 lakhs along with monthly EMI. - 4 - HC-KAR NC: 2026:KHC:13292 WP No. 25584 of 2022 3. Having heard the learned counsels on either side, perused the entire material on record. If the petitioner has any grievance with regard to the subsequent claims made by the respondent/bank, that cannot form part of the present writ petition. As on today, no SARFAESI proceedings initiated by the bank are pending. In that view of the matter, there is nothing to be adjudicated by this Court. In the light of the account being regularised, nothing survives for consideration in this writ petition. Hence, this Court is passing the following order: ORDER i. Accordingly, the writ petition is disposed of. ii. If the petitioner has any other cause of action, he is at liberty to avail the appropriate remedy. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 22