Petitioner challenged SBI recovery proceedings under Articles 226 and 226 of the Constitution. Court held the writ petition was not maintainable as alternative efficacious statutory remedy was available. Petition dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP NO.29247 OF 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.29247 OF 2015 (GM-RES)
BETWEEN:
SRI. K.S. NARASIMHA MURTHY S/O LATE K.N. SHAMANNA AGED ABOUT 46 YEARS, R/AT KANNAMANGALLA VILLAGE AND POST, DEVANAHALLI TALUK, BENGLAURU – 560 116.
…PETITIONER
(BY SRI. M.R. VIJAYA KUMAR, ADVOCATE)
AND:
Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka
WP NO.29247 OF 2015
AGED ABOUT 51 YEARS, R/AT NO.389, 1ST FLOOR, 13TH CROSS, SADASHIVANAGAR, BENGALURU – 560 080.
…RESPONDENTS
(BY SRI. TIMMANNA BHAT, ADVOCATE FOR R1 & R2; RESPONDENTS 3 & 4 ARE SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE PROCEEDINGS CULMINATING IN TO THE IMPUGNED NOTICE DATED 02ND JULY, 2015 VIDE ANNEXURE-C IN RESPECT OF THE PROPERTY BEARING SITE NO.44, KHATHA NO.115/44, FORMED IN THE LAND BEARING SURVEY NO.46 SITUATED AT MYADARAHALLI VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, MEASURING EAST TO WEST 40' (FORTY FEET), NORTH TO SOUTH 30' (THIRTY FEET) IN ALL MEASURING 1200 SQUARE FEET ALONG WITH 876 SQUARE FEET BUILT-UP AREA R.C.C. BUILDING WHICH IS BOUNDED EAST BY: SITE NO.23, WEST BY: ROAD, NORTH BY: SITE NO.43, SOUTH BY: SITE NO.45; DIRECT THE RESPONDENTS 1 AND 2 TO RECEIVE THE LOAN AMOUNT DUE IN RESPECT OF THE LOAN AVAILED BY THE RESPONDENTS 4 AND 5; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
WP NO.29247 OF 2015
O R D E R
Heard Sri. M.R. Vijaya Kumar, learned counsel appearing for the petitioner; Sri. Timmanna Bhat, learned counsel appearing for respondents 1 and 2.
SD/JUDGE
ARK
1 issue framed by the court
Whether a writ petition filed to quash SBI recovery proceedings is maintainable on the ground that the petitioner must first exhaust alternative remedies under the relevant statute.
1 provisions across 1 enactments
SRI. K.S. NARASIMHA MURTHY
CHIEF MANAGER STATE BANK OF INDIA (SARB)
MANAGER STATE BANK OF INDIA P.B.B. PALACE ORCHID
SRI. A. PRASAD
SMT. G. JAYAMMA
SRI. G. SRINIVAS
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
