Allowed¶32

Mrs. Asha S v. Authorised Officer Rbl Bank

Karnataka HC12 Aug 2025WP/8529/2022

Case brief

AI extract

What is this about?

NC: 2025:KHC:31290 | WP No. 8529 of 2022 (GM-RES), High Court of Karnataka at Bengaluru, decided 12.08.2025 by R. Nataraj J. | Asha S. v. Authorised Officer, RBL Bank | writ in nature of certiorari under Articles 226 and 227 | quashing of notice dated 13.04.2022 issued under Section 13(8) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 after payment of entire outstanding | direction to close loan account and return title deeds | stoppage of arbitrator appointment/proceedings against secured property.

What did the court decide?

Impugned notice dated 13.04.2022 issued by respondent No.1 quashed; respondent No.1 directed to close the loan account and return the title deeds of the mortgaged property, if not already released. ¶32

Mrs. Asha S Vs Authorised Officer Rbl Bank — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:31290 WP No. 8529 of 2022

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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 12^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 8529 OF 2022 (GM-RES)

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BETWEEN:

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MRS. ASHA S. W/O. LATE SHASHIDHAR K.J. AGED ABOUT 45 YEARS, NO.18/1, 12^TH CROSS, CHOLURU PALYA, VIJAYANAGAR, BANGALORE - 560 040.

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…PETITIONER

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(BY SRI. SHARATHKUMAR SHETTY, ADVOCATE)

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AND:

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Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

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AUTHORISED OFFICER, RBL BANK LEGAL DEPARTMENT, PRESTIGE TOWER, THIRD FLOOR, 99 AND 100, RESIDENCY ROAD, BANGALORE - 560 025.

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AUTHORIZED OFFICER RBL BANK REGISTERED OFFICE 1ST LANE, SHAHUPURI KILHAPUR - 416 001.

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…RESPONDENTS

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(BY SRI. SURESH V., ADVOCATE FOR R1 AND R2)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICES DATED 13.04.2022 VIDE ANNX-D ISSUED BY THE R-1.

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NC: 2025:KHC:31290 WP No. 8529 of 2022

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HC-KAR

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DIRECT THE R-1 TO STOP ALL THE PROCEEDING/APPOINTMENT OF ARBITRATOR AGAINST THE PETITIONERS PROPERTY AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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This petition filed for a writ in the nature of certiorari to quash the notice dated 13.04.2022 issued by the respondent No.1 under Section 13(8) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner has also sought for direction to the respondent No.1 to stop all proceeding/appointment of the arbitrator against the petitioner's property and not to dispossess her from the property and to close the loan account and return the title deeds.

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When this petition was listed for orders regarding an application for vacating stay, the learned counsel for the respondents fairly submitted that the petitioner has paid up the entire outstanding to the bank and that the respondents have no subsisting claim against the petitioner or the property belonging to the petitioner. He also submits that the impugned

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NC: 2025:KHC:31290 WP No. 8529 of 2022

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HC-KAR

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notices may be quashed and the respondent No.1 be directed to stop all proceedings against the petitioner and to close the loan account as the title deeds of the secured asset are already released in favour of the petitioner.

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In view of the aforesaid submission, this petition is allowed . The impugned notice dated 13.04.2022 issued by the respondent No.1 is quashed. The respondent No.1 is directed to close the loan account and return the title deeds of the property mortgaged by the petitioner in favour of the respondents, if not already released.

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Sd/(R. NATARAJ) JUDGE

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BKN

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List No.: 1 Sl No.: 13

Mrs. Asha S v. Authorised Officer Rbl Bank

Case brief

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Mrs. Asha S v. Authorised Officer Rbl Bank

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