Karnataka High Court
WP/19259/2022 of MR S M RAJU Vs UNION BANK OF INDIA on 21 September 2026
CNR: KAHC010441872022 NC: 2026:KHC:51858 WP No. 19259 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. 19259 OF 2022 (GM-DRT) BETWEEN: MR. S.M.RAJU, AGED ABOUT 48 YEARS, S/O
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. 19259 OF 2022 (GM-DRT)
BETWEEN:
MR. S.M.RAJU,
AGED ABOUT 48 YEARS,
S/O C. SRINIVASAN,
NO.308, 2ND BLOCK,
3RD STAGE, 3RD PHASE,
BANASHANKARI,
BENGALURU - 560 085.
…PETITIONER
(BY SRI. SANJAY KUMAR B V., ADVOCATE)
AND:
1.
UNION BANK OF INDIA,
ASSET RECOVERY BRANCH,
LIC BUILDING,
NEXT TO MANTHRI SQUARE,
BENGALURU - 560 003.
REPRESENTED BY ITS
AUTHORISED OFFICER
IT IS REGISTERED UNDER
COMPANIES ACT - 1979.
2.
M/S. ADVAITH BIO REMEDIES,
PARTNERSHIP CONCERN,
REPRESENTED BY ITS PARTNERS
SRI NAVEEN KUMAR,
Digitally signed
by
ANNAPURNA
G
Location: High
Court of
Karnataka
HC-KAR
SRI HEMAMBARADHARA REDDY C
SRI VENKATESH D.
NO.26, VEERASANDRA INDUSTRIAL AREA,
ELECTRONIC CITY PHASE - II,
BENGALURU - 560 100.
MANUFACTURER OF AYURVEDA PRODUCTS
REGISTERED UNDER COMPANIES ACT, 1979.
3.
Y. NAVEEN KUMAR,
S/O SRINIVASALU Y,
AGED ABOUT 48 YEARS,
R/AT FLAT NO.208,
PAVANI CHANDANA APARTMENTS,
ELECTRONIC CITY PHASE II,
BENGALURU - 560 100.
4.
SRI. HEMAMBARADHARA REDDY C,
S/O VENKATARAMA REDDY C,
AGED ABOUT 42 YEARS,
R/AT 911, 5TH CROSS,
CHOUDESHWARI LAYOUT,
MARATHALLI,
BENGALURU - 560 037.
5.
SRI. VENKATESH D,
S/O D DEVARAJ,
AGED ABOUT 45 YEARS,
R/AT 1832, 1 BLOCK,
SIR M VISHWESHWARAIAH LAYOUT,
NAGADEVANAHALLI,
BENGALURU - 560 056.
…RESPONDENTS
(BY SRI. HANUMANTHA REDDY G., ADVOCATE AND
SRI.SREENATH V.K., ADVOCATE FOR R1)
HC-KAR
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED
13.9.2022
OF
THE
LEARNED
II
ADDL
CHIEF
METROPOLITAN
MAGISTRATE
BENGALURU
IN
C.MISC
NO.4854/2022 ANNEXURE-A AND ETC.,
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
None appears for the petitioner.
The captioned petition is filed by the guarantor questioning order dated 13.09.2022 passed under provision of the 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act') in Crl.Misc.No.4854/2022 as per Annexure-A.
Though the Hon'ble Apex Court has consistently held that the writ courts should not grant any indulgence to a default borrower, when actions are contemplated by the
HC-KAR
secured creditor under the provisions of the SARFAESI Act, this Court, accepting the submission made by the counsel on record, has granted some indulgence, and the proceedings are stalled vide order dated 26.09.2022, subject to deposit of Rs.75,00,000/- in 3 installments. It is unfortunate that not a single penny is deposited in compliance with the order passed by this Court. This is a clear case of abuse of process. Though this is a fit case to impose exemplary costs, taking a lenient view, this Court refrains from imposing costs.
The writ petition is not maintainable and accordingly stands dismissed.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 7