Karnataka High Court
WP/17979/2022 of MR ROBERT D SOUZA Vs UNION BANK OF INDIA on 22 September 2026
CNR: KAHC010406322022 NC: 2026:KHC:52022 WP No. 17979 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. 17979 OF 2022 (GM-DRT) BETWEEN: 1. MR ROBERT D SOUZA S/O LATE SIMON D
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. 17979 OF 2022 (GM-DRT)
BETWEEN:
1.
MR ROBERT D SOUZA
S/O LATE SIMON D SOUZA
AGED ABOUT 63 YEARS
RESIDING AT ANAGALI VILLAGE
KEMPANA THOPLU
KUNDAPURA - 576211
…PETITIONER
(BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE)
AND:
1.
UNION BANK OF INDIA
A BODY CORPORATE CONSTITUTED UNDER
THE BANKING COMPANIES (ACQUISITION AND
TRANSFER OF UNDERTAKING) ACT 1970
A SCHEDULE BANK WITHIN THE MEANING OF
THE BANKING REGULATION ACT 1949 AND
CARRYING ON BUSINESS INTER ALIA HAVING
BRANCH AT VADERHOBLI KUNDAPURA TALUK
REPRESENTED BY ITS CHIEF MANAGER AND
AUTHORIZED OFFICER
MR GAURAV UPADHYAY
S/O MR J K UPADHYAY
…RESPONDENT
(BY SRI. SREEKANTHA .K.S, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
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HC-KAR
ORDER DATED 19.08.2022 IN CRL.MISC.135/2022 PASSED BY
THE PRL. SENIOR CIVIL JUDGE AND CJM, DAKSHINA KANNADA
ANNEXURE-B.
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 petitioner, who is the borrower and admitted defaulter, has challenged the order dated 19.08.2022 passed in C.Misc.No.135/2022 passed by the Principal Senior Civil Judge and CJM, Dakshina Kannada as per Annexure-B 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, this Court vide order dated 20.09.2022 granted stay
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HC-KAR
subject to deposit of 30% 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.
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HC-KAR
Therefore, the writ petition is devoid of merits and accordingly, stands dismissed.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 15
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