Dismissed¶43

Hareesha K M, v. Karnataka Bank Ltd.

Karnataka HC5 Jun 2026WP/15820/2026

Case brief

AI extract

What is this about?

SARFAESI Act Section 14 order (Crl.Misc.No.108/2025, dated 08.04.2025, Principal Senior Civil Judge and CJM Mangaluru); Pre-Take Over Notice dated 15.05.2026 by Karnataka Bank Ltd.; writ petition under Articles 226/227 (GM-DRT) seeking quashing of the notice; statutory appeal S.A.No.234/2025 pending before DRT; DRT interim order 28.04.2025 not complied with; writ jurisdiction declined; writ petition dismissed; interim orders discharged; interlocutory applications disposed.

What did the court decide?

As the matter is pending before the DRT (S.A.No.234/2025), the petitioners cannot invoke writ jurisdiction to question the Pre-Take Over Notice. ¶42

Hareesha K M, Vs Karnataka Bank Ltd. — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:26651 WP No. 15820 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 15820 OF 2026 (GM-DRT)

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BETWEEN:

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HAREESHA K.M., S/O. LATE SHIVAPPA GOWDA, AGED ABOUT 58 YEARS,

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VISHALAKSHI, W/O. HAREESHA K.M., AGED ABOUT 50 YEARS,

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BOTH ARE R/AT D/NO.1-20, MOORJE HOUSE, PANJIGUNDI, KANAKAMAJALU VILLAGE, SULIA TALUK, DAKSHINA KANNADA - 574223.

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…PETITIONERS

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(BY SMT. KAVITHA N., ADVOCATE)

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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AND:

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KARNATAKA BANK LTD., REPRESENTED BY ITS CHIEF MANAGER/ AUTHORIZED OFFICER, ARM BRANCH, 3RD FLOOR, KARNATAKA BANK BUILDING, KODIALIBAIL, MANGALORE - 575003.

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…RESPONDENT

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(BY SMT. DIVYA PURANDAR, ADVOCATE)

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NC: 2026:KHC:26651 WP No. 15820 of 2026

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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ORAL ORDER

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Smt.Kavitha.N., counsel for the petitioners has appeared through video conferencing.

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Smt.Divya Purandar., counsel for the respondent has appeared in person.

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The petition is filed seeking following reliefs:

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(a)Quash the Pre-Take Over Notice dated:15.05.2026 vide Annexure-H issued by the respondent Bank pursuant to the order passed under Section 14 of the SARFAESI Act in Crl.Misc.No.108/2025 dated:08.04.2025 by the Principal Senior Civil Judge and CJM, Mangaluru vide Annexure-A.

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(b)Issue directions to the respondent Bank not to take physical possession without following due process of law.

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(c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts

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3 - NC: 2026:KHC:26651 WP No. 15820 of 2026

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HC-KAR

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and circumstances of this above case in the interest of justice and equity.

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Counsel for the petitioners presented several

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contentions.

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Counsel for the respondent submits that the interim order passed by the DRT on 28.04.2025 has not been complied with. Hence, measures have been taken by the Bank. Counsel further submits that Pre-Take Over Notice cannot be questioned by filing a writ petition. Hence, the petition may be dismissed.

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Heard the arguments and perused the papers with

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care.

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Suffice it to note that the respondent had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No108/2025 and the Court vide order dated:08.04.2025 had allowed the petition. As against the order under Section 14 of the SARFAESI Act, the petitioners have already availed the statutory remedy by filing an appeal before the DRT in S.A.No.234/2025 and the same is pending consideration. The DRT has passed an interim order on 28.04.2025, and the same has not been complied with. As the

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NC: 2026:KHC:26651 WP No. 15820 of 2026

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HC-KAR

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matter is pending before the DRT, the petitioners cannot invoke writ jurisdiction to question Pre-Take Over Notice. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is dismissed .

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Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.

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Sd/(JYOTI M) JUDGE

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MRP

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List No.: 1 Sl No.: 34

Hareesha K M, v. Karnataka Bank Ltd.

Case brief

What is this about?

What did the court decide?

Hareesha K M, v. Karnataka Bank Ltd.

Case brief

What is this about?

What did the court decide?

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