Karnataka High Court
WP/18045/2022 of SRI NARASIMHA P Vs INDIAN BANK on 22 September 2026
CNR: KAHC010410352022 NC: 2026:KHC:52023 WP No. 18045 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. 18045 OF 2022 (GM-DRT) BETWEEN: 1. SRI NARASIMHA .P S/O LATE A N
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. 18045 OF 2022 (GM-DRT)
BETWEEN:
1.
SRI NARASIMHA .P
S/O LATE A N PADMANABHACHAR,
AGE 45 YEARS,
NO.FA-38, 1ST MAIN ROAD,
BEHIND HAL HOSPITAL, VIMANAPURA,
BANGALORE-560017.
…PETITIONER
(BY SRI. H. VASANTH KUMAR, ADVOCATE)
AND:
1.
INDIAN BANK
SAM BRANCH, INDIAN BANK NO.10,
1ST FLOOR, INDIAN BANK BUILDINGS,
K.G.ROAD, BENGALURU-560009.
REPRESENTED BY HIS
AUTHORISED OFFICER.
2.
GOPIRAJU
S/O SHRI DHARMARAJU,
AGED 39 YEARS,
RESIDING AT FLAT NO.CO101,
FIRST FLOOR, JAIN HEIGHTS EAST PARADE
KAGGADASAPURA VILLAGE,
BANGALORE EAST TALUK.
…RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT TO R-1 NOT TO
Verified
HC-KAR
TAKE PHYSICAL POSSESSION OF THE W.P. SCHEDULED
PROPERTIES.
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 captioned writ petition is filed by the defaulting borrower seeking a writ in the nature of mandamus directing respondent No.1 not to take physical possession.
2. This Court has consistently held that Secured Creditor is vested with the authority to recover the money dues by taking recourse to the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”).
3. The right of a Secured Creditor to recover the money under the provisions of the SARFAESI Act cannot be interdicted by a Writ Court by issuing directions.
Verified
HC-KAR
4. The petitioner has no legal right to seek any directions at the hands of this Court.
The writ petition is devoid of merits and accordingly, stands dismissed.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 16
Verified