Disposed¶38

Nagaraj N Naidu v. Subramanyeshwra Co-Op Bank Ltd.

Karnataka HC10 Nov 2025WP/5400/2020

Case brief

AI extract

What is this about?

High Court of Karnataka at Bengaluru; W.P. No. 5400 of 2020 (GM-RES); decided 10 November 2025 by E.S. Indiresh, J. Petitioner-tenants sought mandamus against Subramanyeshwra Co-op Bank Ltd for surplus auction proceeds exceeding bank dues (cap Rs. 1 crore). Court declined to issue mandamus and disposed of the petition with liberty to move the Bank by application/representation. Keywords: Article 226, writ of mandamus, co-operative bank auction, excess/excess auction amount, representation to bank, disposed.

What did the court decide?

No mandamus issued; writ petition disposed of with the observation that the petitioners, if aggrieved by the action of the respondent-Bank, may approach the Bank by making an appropriate application/representation. ¶38

Nagaraj N Naidu Vs Subramanyeshwra Co-Op Bank Ltd. — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:45523 WP No. 5400 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5400 OF 2020 (GM-RES)

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BETWEEN:

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NAGARAJ N NAIDU S/O LATE NAGAPPA AGED ABOUT 43 YEARS,

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SMT M GAYATHRI W/O NAGARAJ N NAIDU AGED ABOUT 36 YEARS

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VARUDHINI R N W/O GANESH N N AGED ABOUT 44 YEARS,

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SMT ARUNA K.R.V.REDDY W/O VENUGOPAL REDDY AGED ABOUT 72 YEARS,

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Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

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ALL ARE R/AT NO.191 SAPTHA SINDHU NILAYA 2^ND FLOOR AND 3^RD FLOOR, 'G' BLOCK, SAHAKARANAGAR, BENGALURU- 560 092

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…PETITIONERS

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(BY SRI. SARAVANA.S., ADVOCATE)

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AND:

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SUBRAMANYESHWRA CO-OP BANK LTD OFFICE AT RAJATHA BHAVANA NO.106, R V ROAD, VISVESWARAPURAM,

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NC: 2025:KHC:45523 WP No. 5400 of 2020

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HC-KAR

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BENGALURU- 560 004 REPT BY ITS MANAGER

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CHANDRAMOULI REDDY FATHERS NOT KNOWN TO THE PETITIONERS AGED MAJOR

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MRS SUDHA B S W/O CHANDRAMOULI REDDY AGED MAJOR

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RESPONDENT NOS. 2 AND 3 ARE R/AT NO.191, SAPTHA SINDHU NILYA, 2ND FLOOR, G BLOCK, SAHAKARANAGAR, BENGALURU-560092

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…RESPONDENTS

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(BY SRI. K.S.VENKATARAMANA., ADVOCATE FOR R1; R2, R3 SERVED, UNREPRESENTED)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 BANK TO TRANSFER ANY EXCESS AMOUNT FROM OUT OF THE AUCTIONED AMOUNT AFTER DEDUCTING THE TOTAL DUES PAYABLE TO THE BANK AND SUBJECT TO A MAXIMUM OF RS.1,00,00,000/- (RUPEES ONE CRORE) IN FAVOUR OF PETITIONERS.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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3 - NC: 2025:KHC:45523 WP No. 5400 of 2020

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HC-KAR

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ORAL ORDER

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Heard Learned counsel for the parties.

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The petitioners claim to be the tenants of the schedule property and accordingly, they have sought for a writ of mandamus against the respondent-Bank to transfer any excess amount from the auctioned amount after deducting the total dues payable to the Bank is concerned.

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On hearing the learned counsel for the petitioners and on perusal of the writ papers, I am of the view that, in the event the petitioners are aggrieved by the action of the respondentBank is concerned, it is open for them to approach the respondent-Bank, if so advised, by making appropriate application/representation.

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With the aforesaid observation, writ petition is disposed of.

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SD/(E.S.INDIRESH) JUDGE

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rs List No.: 1 Sl No.: 30

Nagaraj N Naidu v. Subramanyeshwra Co-Op Bank Ltd.

Case brief

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Nagaraj N Naidu v. Subramanyeshwra Co-Op Bank Ltd.

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