Karnataka High Court

WP/18235/2022 of TRIONES EXIM PVT LTD Vs KURUHINA SETTY SOUHARDA CREDIT COOPERATIVE LIMITED on 22 September 2026

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CNR: KAHC010418232022 NC: 2026:KHC:52024 WP No. 18235 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. 18235 OF 2022 (GM-DRT) BETWEEN: 1. TRIONES EXIM PVT LTD NO.2, 3RD

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. 18235 OF 2022 (GM-DRT)

BETWEEN:

1.

TRIONES EXIM PVT LTD

NO.2, 3RD CROSS, KASHINAGAR

YELACHENAHALLI

KANAKAPURA ROAD

REPRESENTED BY ITS

MANAGING DIRECTOR

A Y VINU KUMAR

S/O M G YADU KUMAR

AGE 40 YEARS

2.

A Y VINU KUMAR

S/O M G YADU KUMAR

AGE 40 YEARS

NO.1416, 1ST MAIN ROAD

2ND PHASE, GIRINAGAR

BANGALORE-560085.

…PETITIONERS

(BY SRI. N. SURESHA, ADVOCATE)

AND:

1.

KURUHINA SETTY SOUHARDA

CREDIT COOPERATIVE LIMITED

REGISTERED IN CO-OP REGISTRATION ACT, 1956

HEAD OFFICE NO.538, 1ST FLOOR

SIDDHIVINAYAKA TOWER, J P NAGAR

7TH PHASE, R B I COLONY

OP TO BRIGADE MILLENIUM

BANGALORE - 560078

Verified

HC-KAR

REPRESENTED BY AUTHORIZED OFFICER

2.

SMT HEMALATHA

W/O PUTTEGOWDA

AGE 50 YEARS

MUTHUGADAHALLI POST,MAYASANDRA HOBLI

TURUVEKERE TALUK, TUMKUR

KARNATAKA-572221.

3.

SRI PUTTEGOWDA

S/O MUDDEGOWDA

AGE 62 YEARS

MUTHUGADAHALLI POST

MAYASANDRA HOBLI, TURUVEKERE TALUK

TUMKUR, KARNATAKA-572221.

4.

SRI M G YADUKUMAR

S/O H GANGAIAH

AGE 65 YEARS

NO.1416, 1ST MAIN ROAD

2ND PHASE, GIRINAGAR

BANGALORE-560085.

5.

SRI A Y VIJAYA KUMAR

S/O M G YADU KUMAR

NO.702, BHEL LAYOUT EXTENSION

2ND STAGE, KEMPEGOWDA MAIN ROAD

NEAR PANCHAMUKHI APARTMENT

PATTANAGERE

RAJARAJESHWARINAGAR

BENGALURU-560098.

…RESPONDENTS

(R1 – SERVED AND UNREPRESENTED)

THIS WP IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER

DATED 24.08.2022 PASSED BY THE 32ND ADDITIONAL CHIEF

METROPOLITAN

MAGISTRATE

BENGALURU

IN

C.MIS

NO.2264/22 AT ANNEXURE-D.

Verified

HC-KAR

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

The petitioners, who are the borrowers and admitted defaulters, have challenged the order dated 24.08.2022 passed by 32nd Additional Chief Metropolitan Magistrate, Bengaluru in C.Misc.No.2264/2022 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 default borrowers, when action is contemplated by the Secured Creditor under the provisions of SARFAESI Act, this Court vide order dated 14.09.2022 granted stay subject to depositing 30% of the amount due to the respondent – Bank under three installments.

Verified

HC-KAR

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 petitioners, taking the undue advantage of the conditional interim order granted by this Court, have 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. Therefore, the writ petition is devoid of merits and accordingly, stands dismissed.

(SACHIN SHANKAR MAGADUM) JUDGE

NBM List No.: 1 Sl No.: 18

Verified

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