Disposed¶36

Sri M N Udayashankar v. Indian Bank

Karnataka HC14 Jul 2026WP/17949/2022

Case brief

AI extract

What is this about?

SARFAESI Act 2002 alternate remedy; Articles 226 and 227 Constitution of India; writ petition disposed with liberty to avail statutory remedy; Indian Bank Sadhashivanagar Branch Bengaluru; eviction and recovery proceedings; condonation of delay; 30 days certified copy; M.G.S. Kamal J; Karnataka High Court; GM-RES.

What did the court decide?

Petition disposed of with liberty reserved to the petitioner to avail the alternate remedy under the SARFAESI Act, if so advised; time consumed in prosecuting the petition to be considered for condonation of delay if steps are taken within 30 days from receipt of the certified copy of the order. ¶36

Sri M N Udayashankar Vs Indian Bank — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:36119 WP No. 17949 of 2022

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HC-KAR

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CNR: KAHC010409242022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 17949 OF 2022 (GM-RES)

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BETWEEN:

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SRI. M.N. UDAYASHANKAR S/O M. NAGARAJ, AGED ABOUT 42 YEARS, RESIDING AT GROUND FLOOR PORTION OF PROPERTY BERAING NO.10 (OLD NO.173) PID NO.99-97-10, BBMP WARD NEW WERD NO.64 (OLD NO.99), SITUATED AT 3RD CROSS, SADHASHIVANAGAR, P.G.HALLI, PALACE LOWER ORCHARDS EXTENSION, BENGALURU - 560 003.

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…PETITIONER

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

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(BY SRI. C. SHANKAR REDDY, ADVOCATE)

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AND:

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INDIAN BANK REPRESENTED BY ITS MANAGER SADHASHIVANAGAR BRANCH, NO.9/19, LOWER PALACE ORCHARD, SANKEY ROAD, SADHASHIVANAGAR, P.G.HALLI, BENGALURU - 560 003.

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SMT. P. SHOBA RANI RESIDING AT FIRST FLOOR,

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HC-KAR

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NC: 2026:KHC:36119 WP No. 17949 of 2022

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CNR: KAHC010409242022

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PROPERTY BEARING NO.10/1 (OLD NO.173) BBMP WARD NEW WARD NO.64 (OLD NO.99) SITUATED AT 3RD CROSS, SADHASHIVANAGAR, P.G.HALLI, PALACE LOWER ORCHARDS EXTENSION, BENGALURU - 560 003.

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…RESPONDENTS

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(BY SRI. UDAY SHANKAR RAI P, ADVOCATE FOR R1)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE R1 BANK I.E., INDIAN BANK, SADASHIVANAGAR BRANCH, BENGALURU FROM EITHER INITIATING ANY EVICTION OR RECOVERY PROCEEDINGS AGAINST THE PETITIONER OR INITIATING ANY OTHER PROCEEDINGS AGAINST THE PETITIONER OR INITIATING ANY OTHER PROCEEDINGS BY INVOKING THE PROVISIONS OF THE SARFAESI ACT AGAINST THE PETITIONER IN RESPECT OF THE WRIT PETITION SCHEDULE PROPERTY PERMANENTLY 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 M.G.S. KAMAL

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ORAL ORDER

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This petition is filed in the light of respondent No. 1 -

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Bank initiating the proceedings under the provisions of Securitisation and Reconstruction of Financial Assets and

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HC-KAR

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NC: 2026:KHC:36119 WP No. 17949 of 2022

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CNR: KAHC010409242022

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Enforcement of Security Interest (SARFAESI) Act, 2002

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(Act for short).

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Since effective and alternate remedy is provided under the SARFAESI Act, reserving liberty to avail such remedy, if so advised, petition is disposed of .

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3. Time consumed in prosecuting this petition shall

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be considered for the purpose of condonation of delay if steps are taken within 30 days from the date of receipt of

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certified copy of this order.

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Sd/-

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(M.G.S. KAMAL) JUDGE

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BVK List No.: 1 Sl No.: 7

Sri M N Udayashankar v. Indian Bank

Case brief

What is this about?

What did the court decide?

Sri M N Udayashankar v. Indian Bank

Case brief

What is this about?

What did the court decide?

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What the court decided

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