Sri. D. v. Sriranga Bharadwaj Vs the Bangalore City Co. Operative Bank Ltd.

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NC: 2026:KHC:7604 WP No. 16770 of 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 16770 OF 2022 (GM-RES)

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BETWEEN:

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SRI. D. V. SRIRANGA BHARADWAJ S/O. D. S. VENUGOPALA BHATTA, AGED ABOUT 31 YEARS, R/AT NO. 1/1/, FORT ANJANEYA TEMPLE STREET, NEAR CITY MARKET, CHICKPET, BANGALORE- 560 002.

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…PETITIONER

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(BY SRI. V.RANGA RAMU, ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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THE BANGALORE CITY CO OPERATIVE BANK LTD., NO.3, ADMINISTRATIVE OFFICE, PAMPA MAHAKAVI ROAD,

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CHAMARAJPET, BANGALORE-560 018, REPRESENTED BY ITS AUTHORIZED OFFICER.

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…RESPONDENT

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(BY SRI. DEVI PRASAD SHETTY., ADVOCATE)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE

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NC: 2026:KHC:7604 WP No. 16770 of 2022

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HC-KAR

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RESPONDENT TO RETURN THE ENTIRE SALE TRANSACTION AMOUNT OF RS.57,95,000/- WITH INTEREST TO PETITIONER AS PER ANNEXURE-A., AND ETC.

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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 M.G.S. KAMAL

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ORAL ORDER

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The present petition is by the auction purchaser of the property bearing Site No.19, CMC Khatha No.158/19/288, present Khatha No.131/19-158/288, Halagevadrahalli Village, Kengeri Hobli, Bangalore South Taluk, Rajarajeshwarinagar, Sub-Division Ward No.160, Bangalore measuring East to West 30 feet and North to South 50 feet.

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There is no dispute in the fact that the site was

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put in auction by the respondent – Cooperative bank, in furtherance to exercise of power under SARFAESI Act and

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NC: 2026:KHC:7604 WP No. 16770 of 2022

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HC-KAR

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the petitioner has purchased the same for sum of Rs.57,95,000/-. A Sale Certificate issued by the respondent - bank is produced at Annexure-A, which is also registered on 29.05.2018.

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After four years of the said sale the public auction petitioner is before this Court, alleging that the property which was sold in his favour by the respondent – cooperative bank in the public auction did not belong to the principle borrower, who had apparently obtained a loan against security of the said property. Therefore, he submits that the respondent - bank who has sold the property without revealing the true aspect of the matter be directed to refund amount.

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The learned counsel for the respondent – Cooperative Bank on the other hand submits that the petition has come before this Court belatedly. That the allegations made in the petition against the bank are baseless. He also submits that a suit in O.S.No.363/2020

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4 - NC: 2026:KHC:7604 WP No. 16770 of 2022

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HC-KAR

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has been filed by Hitesh Kumar and Asha, in which the petitioner herein, as well as the respondent - cooperative bank and the principle borrowers are also parties. The said suit is a comprehensive suit. The dispute being seized and adjudicated by a competent court of law he submits that the parties be relegated to redress their grievance.

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The learned counsel for the petitioner does not dispute pendency of suit in O.S.No.363/2020. After arguing the matter he submits that liberty be reserved to the petitioner to urge all the grounds before in the pending suit and to seek appropriate relief therein. His submission is placed on record.

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Since a suit with respect to very same property is pending consideration in which the petitioner and the respondent – Cooperative bank are also made parties, without expressing any opinion on the merits or otherwise of the matter, reserving liberty to the petitioner to raise such grounds and to seek such remedy as may be

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