Karnataka High Court
WP/21358/2022 of MR SALIA K A Vs KODAGU DISTRICT CENTRAL CO OPERATIVE BANK LIMITED on 21 September 2026
CNR: KAHC010490262022 NC: 2026:KHC:51864 WP No. 21358 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. 21358 OF 2022 (GM-DRT) BETWEEN: MR SALIA K A SON OF LATE MR. AHMED,
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. 21358 OF 2022 (GM-DRT)
BETWEEN:
MR SALIA K A
SON OF LATE MR. AHMED,
AGED ABOUT 50 YEARS,
RESIDING AT KOLAKERI VILLAGE,
NAPOKLU POST, MADIKERI TALUK,
KODAGU - 571 214.
…PETITIONER
(BY SRI. HANEEF M H.,ADVOCATE)
AND:
KODAGU DISTRICT CENTRAL CO-OPERATIVE BANK
LIMITED
MAJOR, MUTTANNA CIRCLE,
MADIKERI TOWN, MADIKERI TALUK,
KODAGU - 571 201.
REP. BY AUTHORISED OFFICER
…RESPONDENT
(BY SRI. SYED IMRAN, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 13.09.2022 PASSED BY THE DEPUTY
COMMISSIONER, KODAGU DISTRICT, MADIKERI IN PETITION
NO.DCB/ETC/04/2021-22 AS CONTEMPLATED UNDER THE
Digitally signed
by
ANNAPURNA
G
Location: High
Court of
Karnataka
HC-KAR
PROVISIONS OF SECTION 14(1) OF THE SECURITIZATION AND
RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT
OF SECURITY INTEREST ACT, 2002 ANNEXURE-E.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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ORAL ORDER
The caption petition is by the borrower questioning the order dated 13.09.2022 passed under the provisions of Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act').
2. 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 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
HC-KAR
proceedings are stalled vide order dated 31.10.2022, subject to deposit of 10% of the amount.
3. Learned counsel appearing for the respondent- society submits that the recovery proceedings are stalled despite deposit of 10% 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.
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