Karnataka High Court

WP/18090/2022 of SRI FAZIL A Vs BANK OF BARODA on 22 September 2026

Cites 0, Cited by 0

CNR: KAHC010411182022 NC: 2026:KHC:52093 WP No. 18090 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 18090 OF 2022 (GM-DRT) BETWEEN: 1. SRI. FAZIL A S/O SRI AKBAR KHAN AGED

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 18090 OF 2022 (GM-DRT)

BETWEEN:

1.

SRI. FAZIL A

S/O SRI AKBAR KHAN

AGED ABOUT 32 YEARS

R/AT NO.T-4, A BLOCK, JASMIN APARTMENT

RAGHUVANAHALLI, KANAKAPURA ROAD

BENGALURU -560 062

AND ALSO AT

FLAT NO.205, A BLOCK, 2ND FLOOR

PRUTHVI ROYAL, GOTTIGERE VILLAGE

KALENA AGRAHARA -560083

BENGALURU.

…PETITIONER

(BY SRI. MOHAMED ZULFIKHAR AHAMED, ADVOCATE)

AND:

1.

BANK OF BARODA

BRIGADE ROAD BRANCH, TRINITY CIRCLE

NO.41/2, GROUND FLOOR

VIJAYA TOWERS, VIJAYA TOWERS

M G ROAD TRINITY CIRCLE

BENGALURU -560 001

REPRESENTED BY ITS AUTHORIZED OFFICER

MR RAKESH KUMAR ARORA

…RESPONDENT

(BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE)

Verified

HC-KAR

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

IMPUGNED

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

DATED 28.07.2022 PASSED IN C.MISC.NO.3393/2022 BY THE HONBLE V ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE, VIDE ANNEXURE- D; AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The petitioner, who is the borrower and admitted defaulter, has challenged the order dated 28.07.2022 passed in C.Misc.No.3393/2022 passed by the V Additional Chief Metropolitan Magistrate, Bengaluru as per Annexure-D under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”).

2. Though the Hon’ble Apex Court has consistently held that no indulgence would be granted to a default borrowers, when action is contemplated by the Secured Creditor under the provisions of SARFAESI Act,

Verified

HC-KAR

this Court vide order dated 26.09.2022 granted stay subject to deposit of Rs.6,00,000/- of the amount under three installments.

3. The learned counsel appearing for the respondent submits that the interim order is not complied with and not a single rupee is deposited.

4. The petitioner, taking the undue advantage of the conditional interim order granted by this Court, has virtually stalled the recovery proceedings for close to four years.

5. It is now well settled by a catena of decisions of the Hon’ble Supreme Court, consistently followed by this Court, that measures initiated by a secured creditor under the provisions of the SARFAESI Act are not ordinarily amenable to the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

Verified

HC-KAR

Therefore, the writ petition is devoid of merits and accordingly, stands dismissed.

(SACHIN SHANKAR MAGADUM) JUDGE

NBM List No.: 1 Sl No.: 17

Verified

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead