Karnataka High Court

WP/21082/2022 of MR RAMANNA HARISHA Vs THE AUTHORISED OFFICER on 21 September 2026

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CNR: KAHC010485372022 NC: 2026:KHC:51861 WP No. 21082 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21082 OF 2022 (GM-DRT) BETWEEN: 1. MR RAMANNA HARISHA MAJOR S/O MR

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 21082 OF 2022 (GM-DRT)

BETWEEN:

1.

MR RAMANNA HARISHA

MAJOR

S/O MR BOODIHAL RAMANNA

AGED ABOUT 55 YEARS

NO.3447, 6TH CROSS

J P NAGAR, KUMARA SWAMY LAYOUT

BENGALURU - 560 078

ALSO AT MR RAMANNA HARISHA

PAVAN TOURS AND TRAVELS

NO.6 AND 7, 5TH CROSS

ABHAYA COMPLEX

SIDDAIAH ROAD

WILSON GARDEN

BENGALURU - 560 027

2.

MRS GAYATHRI HARISH

W/O MR RAMANNA HARISHA

AGED ABOUT 45 YEAS

NO.3447, 6TH CROSS

JP NAGAR,

KUMARA SWAMY LAYOUT

BENGALURU - 560 078

…PETITIONERS

(BY SRI. RAJENDRA M A.,ADVOCATE)

Digitally signed

by

ANNAPURNA

G

Location: High

Court of

Karnataka

HC-KAR

AND:

THE AUTHORISED OFFICER

HDFC BANK LIMITED

HAVING ITS BRANCH OFFICE AT

3RD FLOOR, B WING

GOLDEN TOWERS

OLD AIRPORT ROAD

KODIHALLI, BENGALURU - 560 017

REPRESENTED BY ITS AUTHORISED OFFICER

MR SREENIDHI S N

NOW THE OFFICE IS SHIFTED TO

THE AUTHORISED OFFICER

HDFC BANK LIMITED

GROUND FLOOR, RASHTROTHANA BHAVAN

MUNICIPAL NO.3/1, WARD NO.17

NRUPATHUNGA ROAD

BANGALORE - 560 001

REPRESENTED BY ITS GENERAL MANAGER

…RESPONDENT

(BY SRI. AVINASH B.C., ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE

ENTIRE MEASURES INITIATED U/S 13(2) AND 13(4) AND

SECTION 14, BY QUASHING THE ORDERS PASSED BY THE

HONBLE

30TH

ADDITIONAL

CHIEF

METROPOLITAN

MAGISTRATE, BENGALURU IN CRL.MISC.NO.466/2021, DTD

4TH MARCH, 2021 - ANNEXURE-H BASED ON WHICH THE

SCHEDULE PROPERTY IS SEIZED AND AS A CONSEQUENTIAL

RELIED PRAYS TO RESTORE THE POSSESSION AS PER

SECTION 17(3) OF THE ACT, BESIDES PRAYS TO AWARD

COMPENSATION, AS PER SECTION 19 OF THE SARFAESI ACT, 2002 ETC.

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

Caption petition is filed questioning the action initiated by the respondent secured creditor invoking the provisions of Sections 13 and 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act').

2. Notwithstanding the law declared by the Hon'ble Apex Court directing writ courts not to grant any indulgence in actions initiated by a secured creditor under the provisions of the SARFAESI Act, this Court took a lenient view and vide order dated 30.05.2023, granted interim order, subject to deposit of 30% in 3 installments. This order is of the year 2023.

3. Learned counsel appearing for the respondent- bank submits that the recovery proceedings are stalled

HC-KAR

despite deposit of 30% of the amount. This court is of the view that the petitioner, having successfully obtained some protection by way of interim measure, was required to make further deposits and also attempt to seek revival of his loan. Merely because this Court has granted interim order, the right to recover the money cannot be stalled indefinitely. The Hon'ble Apex Court has clearly held that action initiated by the secured creditor under the provisions of SARFAESI Act is not amenable to writ jurisdiction.

Accordingly, the writ petition is dismissed. The respondent is at liberty to proceed against the petitioner in accordance with law.

Sd/- (SACHIN SHANKAR MAGADUM) JUDGE

HDK List No.: 1 Sl No.: 10

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