Karnataka High Court

WP/21285/2022 of MR GANESH B Vs ASHOKANAGAR CO OPERATIVE BANK LTD on 21 September 2026

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CNR: KAHC010489862022 NC: 2026:KHC:51863 WP No. 21285 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. 21285 OF 2022 (GM-DRT) BETWEEN: MR GANESH B S/O SUBRAMANYA B AGED ABOUT

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. 21285 OF 2022 (GM-DRT)

BETWEEN:

MR GANESH B

S/O SUBRAMANYA B

AGED ABOUT 48 YEARS

RESIDING AT NO.5

BLUE BELL-5C

CLASSIC LAND MARK APARTMENT

KASABANAHALLI MAIN ROAD

OPPOSITE AMRUTHA

ENGINEERING COLLEGE

BANGALORE - 560 035.

…PETITIONER

(BY SRI. SHARATHKUMAR SHETTY, ADVOCATE)

AND:

ASHOKANAGAR CO OPERATIVE BANK LTD

NO.1380/B, 6TH CROSS

ASHOKANAGAR

BSK 1ST STAGE, 2ND BLOCK

BANGALORE - 560 050

REPRESENTED BY AUTHORISED OFFICER

…RESPONDENT

(BY SRI. K.V. LOKESH, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

Digitally signed

by

ANNAPURNA

G

Location: High

Court of

Karnataka

HC-KAR

IMPUGNED NOTICE DATED 10.10.2022 ISSUED BY THE

RESPONDENT AS PER ANNEXURE-A, DIRECT THE RESPONDENT

TO

RECEIVE

THE

OUTSTANDING

LOAN

AMOUNT

AND

REGULARIZE THE LOAN ACCOUNT.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

The case on hand demonstrates classic abuse of process. Petitioner's account was declared as NPA and action was contemplated by the respondent-bank invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act').

2. The said action contemplated by the respondent secured creditor was entertained by this Court and vide order dated 31.10.2022, the petitioner was protected by a conditional order subject to deposit of 30% of the amount in 3 installments.

HC-KAR

3. The counsel appearing for the respondent bank on instructions submits that the petitioner's loan account was revived and the petitioner was called upon to ensure that the monthly EMI is deposited. On instruction he further submits that the petitioner's account is again declared NPA and therefore he contends that the action initiated by the respondent-bank, which is now subjudiced in the caption petition, is rendered infractures.

4. Recording the statement of the respondent-bank, though this is a fit case to impose exemplary costs, taking a lenient view, this Court refrains from imposing costs for having misused the writ forum.

Accordingly, the writ petition stands dismissed. The respondent-bank is at liberty to proceed with the recovery proceedings.

Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK

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