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
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
Verified
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.
Verified
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
Verified