Karnataka High Court
WP/29685/2026 of MR V RADHA KRISHNAN Vs IDBI BANK on 28 September 2026
CNR: KAHC010650972026 NC: 2026:KHC:53668 WP No. 29685 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 29685 OF 2026 (GM-DRT) BETWEEN: 1. MR V RADHA KRISHNAN AGED ABOUT 62 YEARS, S/O
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 29685 OF 2026 (GM-DRT)
BETWEEN:
1.
MR V RADHA KRISHNAN
AGED ABOUT 62 YEARS,
S/O LATE VENKATARAMANAN M,
RESIDING AT NO. 619,
TRIKUTA, 11TH B CROSS,
ASHA TOWNSHIP,
DODDAGUBBI,
BENGALURU 560077
…PETITIONER
(BY SRI. SANDEEP CT.,ADVOCATE)
AND:
1.
IDBI BANK
RECOVERY SECTION,
MISSION ROAD,
BANGALORE - 560 027.
REPRESENTED BY THE AUTHORIZED OFFICER,
2.
MR. VASUDEVA M,
AGED ABOUT 46 YEARS,
S/O MUNIYALLAPPA,
3.
MRS. SHASHIKALA V,
AGED ABOUT 41 YEARS,
W/O MR. VASUDEVA M
HC-KAR
BOTH ARE RESIDING AT NO. 165/E,
ARALIMARA ROAD,
NEAR KRISHNA PROVISION STORE,
ANCHEPALYA, SRIKANTAPURA,
NAGASANDRA, BENGALURU - 560073
…RESPONDENTS
(BY SRI. T P MUTHANNA.,ADVOCATE FOR R1
NOTICE TO R2 & R3 IS DISPENSED WITH V/O DTD
21.09.2026)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER
DATED
REF.
NO.
IDBI/RR/BLR/VM/2026-27/001
DATED
20/06/2026 ISSUED BY THE R1 (ANNX-A) IN SO FAR
PETITIONER CONCERNED.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed seeking for the following reliefs: "a) To issue a Writ of Certiorari quashing the Letter dated Ref. No.IDBI/RR/BLR/VM/2026-27/001 dated 20.06.2026 issued by the Respondent No.1 (ANNEXURE-A); in both petitioner concerned. b) To issue a Writ Mandamus or any other appropriate Writ/Order directing the Respondent No.1 to consider the Letter dated 12.05.2025 given by the
HC-KAR
Petitioner. (ANNEXURE-E); in so far petitioner concerned. c) To issue any other Writ or pass any other orders/directions that this Hon'ble Court may deem fit, in the interest of justice and equity, in so far petitioner concerned."
2. The petitioner is claiming to be an agreement holder of the mortgaged the property in respect of which the respondent- Bank has initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021.
3. The respondent - Bank vide letter dated 20.06.2026 (Annexure A to the writ petition), which is assailed in the present writ petition, has responded to the letter written by respondents Nos.2 and 3 - the owners of the property, who have created the mortgage in favour of the Bank.
4. Learned counsel for the respondent - Bank submits that the amount due and payable as on date is Rs.1,07,99,676/- and that the respondent - Bank is in the process of initiating various measures under the provisions of the SARFAESI Act. It is 1 Hereinafter referred to as 'SARFAESI Act'
HC-KAR
further submitted that the respondent Nos.2 and 3, who are the owners of the property have dealt with the mortgaged property, which will not in any manner affect the measures taken by respondent No.1 - Bank under the SARFAESI Act.
5. In view of the fact that respondent No.1 - Bank has initiated proceedings under the provisions of SARFAESI Act, the present petition stands disposed of having regard to the fact that an alternative efficacious remedy is available to the petitioner under the provisions of the said Act.
6. This order will not preclude the petitioner from availing such remedies as may be permissible under law.
(C.M. POONACHA) JUDGE
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