Karnataka High Court

WP/18656/2022 of MATHRUBHOOMI SOUHARDA SAHAKARI LTD., Vs THE AUTHORISED OFFICER BHARATH CO OPERATIVE BANK MUMBAI LTD on 22 September 2026

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CNR: KAHC010425762022 NC: 2026:KHC:52026 WP No. 18656 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. 18656 OF 2022 (GM-DRT) BETWEEN: 1. MATHRUBHOOMI SOUHARDA SAHAKARI LTD.,

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. 18656 OF 2022 (GM-DRT)

BETWEEN:

1.

MATHRUBHOOMI SOUHARDA SAHAKARI LTD.,

REG. NO.526/2005-06

REG. OFFICE MATHRUDHAMA

GURUPURA KAIKAMBA

KINNIKAMBALA, MANGALURU-574151, DK.

REPRESENTED BY ITS MANAGING DIRECTOR

MR KRISHNA KOMPADAVU

REGISTERED UNDER CO-OPERATIVE

SOCIETY ACT

…PETITIONER

(BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE)

AND:

1.

THE AUTHORISED OFFICER

BHARATH CO OPERATIVE BANK MUMBAI LTD

VASUKI TOWER, NEXT TO VISHWAS

COMMERCIAL BUILDING

NEAR TALUK OFFICE, OPP DISTRICT COURT

UDUPI-576101

REPRESENTED BY ITS

DEPUTY GENERAL MANAGER AND

AUTHORIZED OFFICER

MR BALAKRISHNA S. KARKERE

2.

MR ROLWIN PETER RODRIGUES

AGED ABOUT 47 YEARS

PROP OF M/S POMPEI SQUARE SUPERMARKET

POMPEI SQUQRE MAIN ROAD

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HC-KAR

GURUPURA KAIKAMBA, MANGALURU-574151.

3.

MRS ANITHA RODRIGUES

W/O MR ROLWIN RODRIGUES

AGED ABOUT 42 YEARS

DOOR NO.6-155, SALMARA HOUSE

KAIKAMBA, MANGALURU-57415.

…RESPONDENTS

(BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE FOR R1; R2 AND R3 ARE SERVED AND UNREPRESENTED)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE

ORDER DATED NIL IN CRL.MISC 109/2022 PASSED BY THE

PRL.SENIOR CIVIL JUDGE AND CJM DAKSHINA KANNADA

(ANNEXURE-G).

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 passed in Crl.Misc.No.109/2022 passed by the Principal Senior Civil Judge and CJM, Dakshina Kannada as per Annexure-G under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of

Verified

HC-KAR

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 borrower, when action is contemplated by the Secured Creditor under the provisions of SARFAESI Act, this Court vide order dated 26.09.2022 granted stay subject to deposit of Rs.50,00,000/- of the amount under two 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.

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HC-KAR

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.: 21

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