Smt Shobha Vs the Authorized Officer — Banking and Recovery | Karnataka HC (2026)

Smt Shobha Vs the Authorized Officer — Banking and Recovery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to challenge the impugned order before the Debts Recovery Appellate Tribunal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and the petitioners entitled to the benefit of Section 14 of the Limitation Act.

Issue for consideration

Whether the impugned order dated 12.09.2023 in SA No.513/2022 (Annexure-A) passed by the Hon'ble DRT-2, Bengaluru ought to be quashed/set aside under Articles 226 and 227 of the Constitution of India.

Court's answer

Upon counsel's memo seeking leave to withdraw, the writ petition is dismissed as withdrawn, with liberty to challenge the impugned order before the Debts Recovery Appellate Tribunal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Ratio / Principle

The petitioners are entitled for the benefit under Section 14 of the Limitation Act.

Detailed headnote1 paragraphs

Judicial Review - Withdrawal - Writ Petition (GM-DRT) No. 24199 of 2023, filed under Articles 226 and 227 of the Constitution of India by Smt. Shobha and Shri Channankaiah C against the Authorized Officer, Mahila Co-operative Bank Ltd., praying to quash/set aside the impugned order dated 12.09.2023 in SA No.513/2022 (Annexure-A) passed by DRT-2, Bengaluru. At the preliminary hearing, learned counsel for the petitioners filed a memo seeking leave to withdraw the writ petition with liberty to challenge the impugned order before the Debts Recovery Appellate Tribunal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Court took the memo on record, dismissed the writ petition as withdrawn with the aforesaid liberty, and held the petitioners entitled to the benefit of Section 14 of the Limitation Act. (Justice Ashok S.Kinagi; decision dated 10.02.2026.)

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NC: 2026:KHC:8120 WP No. 24199 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 24199 OF 2023 (GM-DRT)

BETWEEN:

SMT SHOBHA

AGED ABOUT 42 YEARS, W/O SHRI CHANNANKAIAH, R/AT NO. 942/689/196,197, ‘KOUSTHUBHA’, NO.7-15/1, GANGAMMA TEMPLE STREET,

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

NEAR HONNAMMAKALYANAMANTAPA JALAMANGALA MAIN ROAD, RAMANAGARA-562159.

SHRI CHANNANKAIAH C AGED ABOUT 51 YEARS, S/O LATE CHANNEGOWDA, R/AT NO. 942/689/196,197, KOUSTHUBHA, NO.7-15/1, GANGAMMA TEMPLE STREET, NEAR HONNAMMAKALYANAMANTAPA JALAMANGALA MAIN ROAD, RAMANAGARA-562159.

…PETITIONERS

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NC: 2026:KHC:8120 WP No. 24199 of 2023

HC-KAR

(BY SRI. MOHAMMED ARIF, ADVOCATE FOR SRI. RAJENDRA M A., ADVOCATE)

AND:

THE AUTHORIZED OFFICER MAHILA CO-OPERATIVE BANK LTD A.O.NO.14, SOUTH END ROAD, SHESHADRIPURAM, BENGALURU-560020 REPRESENTED BY ITS GENERAL MANAGER.

…RESPONDENT

(BY SRI. K RAMA BHAT, ADVOCATE FOR C/R IN CP No.17656/2023)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE IMPUGNED ORDER DTD 12.09.2023 IN SA NO.513/2022 ANNEXURE-A PASSED BY THE HON’BLE DRT-2, BENGALURU, SINCE SUBSTANTIAL QUESTION OF LAW, FACTS AND GROUNDS ARE INVOLVED IN THE MATTER, WHICH ARE NOT TAKEN INTO CONSIDERATION, WHILE PASSING THE IMPUGNED ORDER.

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

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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NC: 2026:KHC:8120 WP No. 24199 of 2023

HC-KAR

ORAL ORDER

Learned counsel for the petitioners files a memo seeking leave of the Court to withdraw the instant writ petition with a liberty to challenge the impugned order before the Debts Recovery Appellate Tribunal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

The Memo is taken on record.

The writ petition is dismissed as withdrawn with the aforesaid liberty.

The petitioners are entitled for the benefit under Section 14 of the Limitation Act.

Sd/(ASHOK S.KINAGI) JUDGE

RK CT:KHV List No.: 1 Sl No.: 39