Karnataka High Court
WP/27715/2026 of SRI. ALLABAKASH. B. Vs CANARA BANK on 17 September 2026
CNR: KAHC010602982026 NC: 2026:KHC:51521 WP No. 27715 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 27715 OF 2026 (GM-DRT) BETWEEN: 1. SRI. ALLABAKASH. B. S/O. HABEEB SAB B AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 27715 OF 2026 (GM-DRT)
BETWEEN:
1.
SRI. ALLABAKASH. B.
S/O. HABEEB SAB B
AGED ABOUT 50 YEARS,
RESIDING AT NO. 8,
1ST CROSS, B BLOCK,
DEVARAJURS LAYOUT,
DAVANAGERE - 577002.
…PETITIONER
(BY SRI. RAVINDRA M V.,ADVOCATE)
AND:
1.
CANARA BANK
HAVING ITS HEAD OFFICE AT NO. 112,
J.C ROAD, BENGALURU - 560002.
HAVING ONE OF ITS BANCH OFFICES
AT P J EXTENSION,
DAVANAGERE 577002
REPRESENTED BY ITS AUTHORIZED OFFICER,
SHABEER B.
DEPARTMENT OF CO-OPERATION
VIDHANA SOUDHA
…RESPONDENT
(BY SRI. VIGNESH SHETTY.,ADVOCATE)
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED
13.01.2025 AND 15.09.2025 PASSED BY THE LEARNED
PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DAVANAGERE IN
CRL,
MISC.
NO.199/2024
AS
ANNEXURE-V1
AND
V2
RESPECTIVELY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed seeking for the following reliefs: " a. Issue a writ in the nature of Certiorari, or any other appropriate writ, order or direction, quashing the order dated 13.01.2025 and 15.09.2025 passed by the learned Principal Senior Civil Judge and CJM, Davanagere in Crl. Misc. No.199/2024 as ANNEXURE-V1 and V2 respectively.
b. Issue a writ of Mandamus directing the Respondent Bank to rework and recalculate the Petitioner's loan account by applying the correct floating rate of interest in accordance with the RBI Guidelines and the terms of the loan agreement, after giving due credit to the excess amount from 2017 to till date admittedly recovered from the petitioner, together all with consequential adjustments.
c. Declare that the initiation of proceedings under the SARFAESI Act based on an incorrect and inflated outstanding liability is arbitrary, illegal unsustainable in law. "
Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA
HC-KAR
2. Having regard to the fact that consequent to the impugned order dated 13.01.2025 and 15.09.2025 passed in Crl.Mis.No.199/2024 (Annexures - V1 and V2 to the writ petition) further action has been taken in terms of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SARFAESI Act) for bringing the property to sale which has not been impugned in the present, the present writ petition is dismissed.
3. This order will not preclude the petitioner from availing other remedies as permissible under law.
4. Pending IAs., if any, stand disposed of.
(C.M. POONACHA) JUDGE
Vmb List No.: 1 Sl No.: 83 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA