Smt. Godha Krishna Prasad H V vs The Bangalore City Co-Operative Bank ...
2025 Latest Caselaw 10262 Kant

Karnataka High Court

Smt. Godha Krishna Prasad H V vs The Bangalore City Co-Operative Bank ... on 14 November, 2025

                                            -1-
                                                     NC: 2025:KHC:46638-DB
                                                       WA No. 483 of 2025


                HC-KAR




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 14TH DAY OF NOVEMBER, 2025

                                         PRESENT
                      THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                            AND
                          THE HON'BLE MR. JUSTICE C.M. POONACHA
                            WRIT APPEAL NO. 483 OF 2025 (GM-RES)


               BETWEEN:

               1.   SMT. GODHA KRISHNA PRASAD H.V.
                    AGED 61 YEARS
                    PROPRIETOR
                    M/S. KRISHNA P.G.
                    NO.116/2-1, HOUSE NO.116 AND 116/5
                    11TH CROSS, MALLESHWARAM
                    BANGALORE - 560 003.
                                                             ...APPELLANT
               (BY SRI S.V. BHAT, ADVOCATE)
Digitally
signed by      AND:
SRIDEVI S
Location:      1.   THE BANGALORE CITY
High Court          CO-OPERATIVE BANK LTD.
of Karnataka
                    NO.3, PAMPA MAHAKAVI ROAD
                    CHAMRAJPET
                    BENGALURU - 560 018.

                                                          ...RESPONDENT
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                                           NC: 2025:KHC:46638-DB
                                             WA No. 483 of 2025


 HC-KAR




      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P.
NO.34978/2024 (GM-RES) DATED 20/02/2025 DISMISSING THE
WRIT PETITION AND FURTHER BE PLEASED TO ALLOW THE
WRIT PETITION BY GRANTING RELIEF AS PRAYED FOR IN
THE WRIT PETITION, ALONG WITH EXEMPLARY COST.

      THIS    APPEAL,     COMING      ON    FOR     PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
       and
       HON'BLE MR. JUSTICE C.M. POONACHA


                        ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellant has filed the present appeal impugning an

order dated 20.02.2025 passed by the learned Single Judge of this

Court in WP.No.34978/2024 (GM-RES).

2. The appellant had filed the said writ petition challenging the

sale notice dated 07.11.2024 issued by the respondent under

Section 13(2) of the Securitisation & Reconstruction of Financial

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Assets and Enforcement of Security Interest Act, 2002 [SARFAESI

Act]. A notice dated 01.06.2023 under Section 13(2) of the

SARFAESI Act, was issued to the petitioner. Thereafter, the

respondent - bank issued a notice under Section 13(4) of the

SARFAESI Act and took possession of the property which was

furnished as a collateral security under Rule 8 (1) of the Security

Interest (Enforcement) Rules, 2002 [Rules], as the petitioner failed

to pay the amounts as demanded.

3. The petitioner had thereafter filed writ petition being

W.P.No.18371/2023, which was disposed of with directions to the

petitioner to regularise the account by paying the entire balance

due within a period of eight weeks from the date of receipt of the

copy of the order. The court had also directed that if the petitioner

did not regularise the account, it was open for the respondent to

continue the proceedings in accordance with law.

4. The Bank had also approached the Court of the Additional

CJM, Bengaluru in Crl.Misc.No.3061/2024 under Section 14 of the

SARFAESI Act. The said petition was allowed by an order dated

05.10.2024.

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5. In view of the steps taken by the Bank, the petitioner filed yet

another writ petition being WP.No.27881/2024 and this Court by an

order dated 16.10.2024, passed an interim order, subject to the

petitioner depositing a sum of Rs.One Crore within a period of ten

days from the date of the said order. The petitioner did not comply

with the said condition as well. In the aforesaid circumstances, the

respondent - bank proceeded to take further steps under the

SARFAESI Act.

6. The petitioner preferred yet another writ petition being

W.P.No.34978/2024, which was dismissed on 20.02.2024 by the

learned Single Judge with costs of Rs.10,000/-. Apparently, the

cost has been imposed as certain submissions were found to be

erroneous.

7. The petitioner has a statutory remedy against the steps taken

under the SARFAESI Act. Therefore, in our view, it is not

necessary for this Court to entertain the writ appeal. As noted

above, the petitioner has filed two petitions, including the one in

which the impugned order was passed.

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8. We find no merit in the present appeal and the same is

dismissed. We, however, clarify that in the event the petitioner

seeks to avail any of the statutory remedies, the order passed by

this Court would not preclude the petitioner from doing so.

9. Pending applications stand disposed of.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C.M. POONACHA) JUDGE

SD,