WP/17032/2023 of MR. GIRISH SHIVANI THIMMANNA Vs UNION OF INDIA on 21 September 2026

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. 17032 OF 2023 (GM-DRT)

BETWEEN:

MR. GIRISH SHIVANI THIMMANNA

S/O. THIMANNA KESHAVATH BALAHANUMAIAH,

AGED ABOUT 40 YEARS,

R/AT NO. 272, 6TH CROSS,

BHEL EXTENSION, BHEL PARK,

PATTANAGERE, BANGALORE SOUTH,

KARNATAKA - 560 098,

REPRESENTED BY HIS GPA HOLDER,

MR. BHASKAR S.T ,

S/O. MR. THIMMANNA K. B.,

AGED ABOUT 35 YEARS,

R/AT NO. 272, 6TH CROSS,

BHEL EXTENSION,

BHEL PARK, PATTANAGERE,

BANGALORE SOUTH,

KARNATAKA - 560 098.

…PETITIONER

(BY SMT. PRIYA V.B. SHETTAR, ADVOCATE

SRI. MURUGESH RAMAIAH, ADVOCATE)

AND:

1.

UNION OF INDIA

REP. BY ITS SECRETARY,

MINISTRY OF FINANCE,

NORTH BLOCK, NEW DELHI - 110 001.

Digitally signed

by

ANNAPURNA

G

Location: High

Court of

Karnataka

HC-KAR

2.

THE MINISTRY OF FINANCE

GOVERNMENT OF INDIA,

REP. BY ITS SECRETARY,

NORTH BLOCK, NEW DELHI - 110 001.

3.

RESERVE BANK OF INDIA

ESTABLISHED UNDER THE RESERVE

BANK OF INDIA ACT,

HAVING ONE OF ITS OFFICES AT

NRUPATHUNGA ROAD, BENGALURU - 560 001.

REP. BY ITS REGIONAL/ZONAL MANAGER.

4.

NATIONAL HOUSING BANK

CRORE 5-A, INDIA HABITAT CENTER,

3RD AND 5TH FLOOR, LODHI ROAD,

NEW DELHI - 110 003,

REPRESENTED BY ITS MANAGING DIRECTOR.

5.

TRANS UNION CIBIL LIMITED

INCORPORATED BASED ON RBI RECOMMENDATION

(FORMERLY CREDIT INFORMATION

BUREAU (INDIA) LTD,)

ONE INDIA BULLS CENTER,

TOWER 2A, 19TH FLOOR,

SENAPATHI BAPATM MARG,

ELPHINSTONE ROAD, MUMBAI - 400 013,

REPRESENTED BY ITS MANAGING DIRECTOR.

6.

STATE BANK OF INDIA

R.A.C.P.C., KORAMANGALA NO. 12,

3RD FLOOR, 7TH MAIN,

3RD BLOCK, KORAMANGALA,

BENGALURU - 560 034,

REPRESENTED BY ITS MANAGING DIRECTOR.

HC-KAR

7.

MANTRI DEVELOPERS PRIVATE LIMITED

INCORPORATED UNDER COMAPNIES ACT, 1956

MANTRI HOUSE, NO.41, VITTAL MALLYA ROAD, BANGALORE - 560 001.

REPRESENTED BY ITS MANAGING DIRECTOR.

8.

JASMINE ENTERPRISES PRIVATE LIMITED

INCORPORATED UNDER COMAPNIES ACT, 1956

MANTRI HOUSE, NO.41, VITTAL MALLYA ROAD, BANGALORE - 560 001.

REPRESENTED BY ITS MANAGING DIRECTOR.

9.

SMARTHOMES DEVELOPERS (INDIA) PVT. LTD., INCORPORATED UNDER COMAPNIES ACT, 1956

MANTRI HOUSE,

NO.41, VITTAL MALLYA ROAD,

BANGALORE - 560 001.

REPRESENTED BY ITS MANAGING DIRECTOR.

10.

THE MANTRI ESPANA RESIDENTIAL

APARTMENT OWNERS ASSOCIATION

INCORPORATED UNDER THE

KARNATAKA APARTMENT OWNERSHIP ACT

KARIYAMMANA AGRAHARA,

DEVARABISANAHALLI VILLAGE,

REPRESENTED BY ITS PRESIDENT AND SECRETARY.

…RESPONDENTS

(BY SMT. MADHAVI R, ADVOCATE FOR R1 AND R2; SMT. B. SKANYA BALGA, ADVOCATE FOR R4; SRI. WADIA G. HANDY, ADVOCATE FOR R5; SRI. JAITHRA J. NARAYAN, ADVOCATE FOR R7 AND R8; R9 - SMARTHOMES DEVELOPERS (INDIA) PVT, LTD., SERVED; SRI. G. VIKRAM, ADVOCATE FOR R10)

HC-KAR

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE R6, STATE BANK OF INDIA FROM TAKING ANY COERCIVE ACTION

AGAINST THE PETITIONER AND THE PETITIONERS FAMILY FOR

RECOVERING ANY AMOUNT COMPRISED IN THE DEMAND

NOTICE DTD 15.07.2023 VIDE ANNEXURE-J AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM