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