Karnataka High Court
WP/24469/2026 of RELIANCE ASSET Vs B.A VARADARAJACHAR on 19 August 2026
CNR: KAHC010538222026 NC: 2026:KHC:45452 WP No. 24469 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24469 OF 2026 (GM-CPC) BETWEEN: RELIANCE ASSET RECONSTRUCTION COMPANY LTD.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 24469 OF 2026 (GM-CPC)
BETWEEN:
RELIANCE ASSET RECONSTRUCTION
COMPANY LTD.
(PRESENTLY KNOWN AS
REFORM ARC LIMITED)
A COMPANY AS PER
THE COMPANIES ACT, 2013
REGISTERED AS AN ASSET
RECONSTRUCTION COMPANY
UNDER SECTION 3 OF
THE SARFAESI ACT, 2002,
HAVING ITS OFFICE
AT RELIANCE CENTER,
NORTH WING, 6TH FLOOR,
OFF WESTERN EXPRESS HIGHWAY,
SANTACRUZ (EAST),
MUMBAI - 400 055
REPRESENTED BY ITS
MANAGING DIRECTOR
…PETITIONER
(BY SRI. SWAROOP S., ADVOCATE)
AND:
1.
B.A. VARADARAJACHAR
S/O ANJANEYACHAR
AGED ABOUT 66 YEARS
BANASWADI MAIN ROAD,
KRISHNARAJAPURAM HOBLI,
BENGALURU - 560 043
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
2.
THE LAKSHMI VILAS BANK LTD.
A BANKING COMPANY
WITHIN THE MEANING OF
BANKING REGULATION ACY, 1949
HAVING ITS REGISTERED
OFFICE AT KARUR,
TAMIL NADU - 639 006
AND HAVING ITS BRANCH AT
KORAMANGALA, NO. 68,
JYOTHI NIVAS COLLEGE ROAD,
5TH BLOCK, KORAMANGALA,
BENGALURU - 560 095
REPRESENTED BY ITS
BRANCH MANAGER.
3.
M/S SUJAN PRECISION
COMPONENTS LIMITED PRIVATE
A COMPANY INCORPORATED
UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT
NO.158, 6TH CROSS, 5TH MAIN,
BOMMASANDRA INDL. AREA,
REPRESENTED ITS BY
MANAGING DIRECTOR,
SRI. B.S. PADMANABAHACHAR.
4.
SRI. B.S. PADMANABHACHAR
S/O SRINIVASACHAR B
AGED ABOUT 49 YEARS
RESIDING AT NO.2,
KALARAVA PARISARA,
19TH CROSS, KASHI MUTT ROAD,
MALLESHWARAM - 560 055
5.
SMT. BHARATHI PADMANABHACHAR
W/O B.S. PADMANABHACHAR
AGED ABOUT 45 YEARS
HC-KAR
KALARAVA PARISARA,
19TH CROSS, KASHI MUTT ROAD,
MALLESHWARAM - 560 055
6.
SMT. V KOUSHALYA
W/O R SHARAVANA
AGED ABOUT 53 YEARS
RESIDING AT NO. 251, 1ST FLOOR,
DODDABANASWADI MAIN ROAD,
BENGALURU- 560 043
…RESPONDENTS
(BY SRI. MADHUKAR M.D., ADVOCATE FOR R1)
THIS WP IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO1) ISSUE A WRIT IN THE
NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT
OR DIRECTION SETTING ASIDE THE ORDER DATED 15.07.2026
IN O.S.NO. 688/19 PASSED BY THE XXXV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-36), IN I.A.
NO.
AND
PRODUCED
AS
ANNEXURE-A,
AND
CONSEQUENTLY, PERMIT THE PETITIONER TO LEAD EVIDENCE.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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ORAL ORDER
Aggrieved by the orders passed on IA Nos.19 and 20 dated 15.07.2026 passed in OS.No.688/2019 on the file of the XXXV Additional City Civil and Sessions Judge, Bengaluru (CCH- 36), the petitioner/defendant No.2 is before this Court.
HC-KAR
2. The respondent No.1 herein has filed the suit for declaration. In the earlier round of litigation, orders were passed by the Division Bench of this Court on 27.01.2025 to dispose of the matter on outer limit of one year. The defendant No.2 has filed IA Nos.19 and 20 to recall the order dated 16.06.2026 and permit the defendant No.2 to lead his evidence. That came to be dismissed by order impugned. Wherein, the Court has discussed about the orders passed by the Court and also observed that the opportunity was given to the defendant No.2 was not properly utilized. The order sheet reveals that defendant No.2 indulged in dilatory tactics and the Court observed that the law will assist those, who are proactive in protecting their rights, not those who are negligent or inactive and accordingly dismissed the application.
3. Learned counsel for the petitioners submits that there is no intention on the part of the defendant to drag on the proceedings, infact, they will cooperate with the Court if a day is fixed, on that day, they would be completing their entire evidence and they will not seek any for any further time.
HC-KAR
4. Learned counsel appearing for the plaintiff submits that on one predicts or the other, the defendants are dragging on the matter. In spite of an order by the Court to complete the matter within one year, even after lapse of 1 ½ year still the suit is pending. The Court has rightly considered the delay and latches on the part of the petitioner and rightly dismissed the application. Hence, there are no grounds to interfere with the same.
5. Having heard the learned counsels on either side, perused the material on record. No doubt there is an order by this Court to dispose of the matter by January 2026. But the matter is still pending. This Court has perused the order. There appears to be some latches on the part of defendant No.2. However, considering the submission of the learned counsel for the petitioner, that they will be completing the entire process in a time bound manner and they will not take further adjournments, this Court deemed it appropriate to set aside the order on imposing conditions. Accordingly, this Court has passed the following order.
HC-KAR
ORDER
i. The writ petition is allowed.
ii. The impugned order dated 15.07.2026 is set aside. Consequently, IA Nos.19 and 20 filed by the petitioner/defendant No.2 are allowed.
iii. The petitioner shall conclude his evidence, marking of the documents, on the next date of hearing i.e., on 02.09.2026.
iv. All the evidence, affidavit and any other documents that has to be served on the plaintiff shall be served by 25.08.2026.
SD/- (LALITHA KANNEGANTI) JUDGE
BH List No.: 1 Sl No.: 27