Channakeshava Murthy Vs the Chief Manager and… — Writ and Judicial Review | Karnataka HC (2026)

Channakeshava Murthy Vs the Chief Manager and… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Three months' time (until 03.07.2026) granted to the petitioner, per his undertaking affidavit, to pay the entire outstanding loan amount; Respondent/Bank to intimate accrued interest/expenses before the third installment; cost of Rs.1,00,000/- imposed if any undertaking condition is breached; Respondent/Bank left free to take appropriate steps if payment is not made by the deadline.

Issue for consideration

Whether a writ of certiorari should issue quashing the impugned possession notice issued by the Respondent dated 22.11.2022 (Annexure-C). +1 more

Ratio / Principle

In light of the undertaking affidavit, the petitioner shall pay the entire outstanding amount within three months from the date of the order, i.e., by 03rd July 2026.

Key takeaways

Before the third installment, the Respondent/Bank shall inform the petitioner of any interest/expenses accrued on the amount, and the petitioner shall pay the same.ratio¶37
If the petitioner fails to honour any one of the conditions of the undertaking affidavit, he shall pay cost of Rs.1,00,000/- (Rupees One Lakh only) to the Respondent/Bank.ratio¶41
If the petitioner fails to pay the amount by 03rd July 2026, the Respondent/Bank is at liberty to take appropriate steps.

Detailed headnote1 paragraphs

Single-judge writ order (Article 226, GM-DRT), High Court of Karnataka at Bengaluru: petitioner Channakeshava Murthy challenged the possession notice issued by Karnataka Bank Limited's Chief Manager/Authorised Officer dated 22.11.2022 (Annexure-C) and sought additional time to pay the remaining loan amount. Having earlier undertaken to clear the entire outstanding within three months and filed an undertaking affidavit, the petitioner was directed to pay the entire outstanding amount by 03.07.2026; the Bank was ordered to intimate any accrued interest/expenses before the third installment; a cost of Rs.1,00,000/- was imposed for breach of any undertaking condition; and the Bank was left at liberty to take appropriate steps on default. The writ petition was disposed of and pending I.As stood closed. The merits/validity of the possession notice itself were not adjudicated.

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NC: 2026:KHC:18695 WP No. 24636 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF APRIL, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24636 OF 2022 (GM-DRT)

BETWEEN:

CHANNAKESHAVA MURTHY S/O D. KRISHNAPPA AGED ABOUT 46 YEARS R/AT NO.40, 3^RD BLOCK 3^RD STAGE, SANEGURUVANAHALLI, BASAVESHWARANAGAR BENGALURU - 560 079.

&PETITIONER

(BY SRI. R SHASHIDHARA., ADVOCATE)

AND:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

THE CHIEF MANAGER AND AUTHORISED OFFICER KARNATAKA BANK LIMITED ASSET RECOVERY MANAGEMENT BRANCH, 1^ST FLOOR, FKCCI BUILDING, KEMPEGOWDA ROAD, BENGALURU - 560 009.

&RESPONDENT

(BY SRI. ANISH ACHARYA., ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED POSSESSION NOTICE ISSUED BY THE RESPONDENT DATED 22.11.2022 VIDE ANNEXURE-C TO THE WRIT PETITION; DIRECTING THE RESPONDENT TO GIVE SOME

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MORE TIME TO THE PETITIONER TO PAY THE REMAINING LOAN AMOUNT, ETC.,

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The writ petition is filed seeking the following prayer:

a) Issue writ of certiorari or any other writ or order or direction, in the nature of writ, quashing the impugned possession notice issued by the Respondent dated 22.11.2022 vide Annexure-C to the writ petition.

b) Issue writ of mandamus or any other writ or order or direction, in the nature of writ, directing the respondent to give some more time to the petitioner to pay the remaining loan amount, in the interest of justice and equity.

c) Issue any order or direction in the nature of writ as this Hon'ble Court may deem fit under the facts and circumstances of the case including as to the cost by allowing this writ petition in the interest of justice and equity.

When the matter came up on last occasion, the petitioner has submitted that he is ready to pay the entire outstanding amount within three months, this Court had

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HC-KAR

directed the petitioner to file an undertaking affidavit. Today, an undertaking affidavit is filed, stating that the petitioner is ready to clear the entire outstanding amount within three months.

Learned counsel appearing to the Respondent/

Bank submits that this Court may impose conditions, incase, there is any default on the part of the petitioner.

Considering the same, this Court is passing the

following:

ORDER

i. In the light of the undertaking affidavit filed before this Court, the petitioner shall pay the entire outstanding amount within three months from today i.e., by 03^rd of July 2026. ii. The Respondent/Bank before the third installment, shall inform to the petitioner, if any interest/expenses that accrued on the amount and the same shall be paid by the petitioner.

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NC: 2026:KHC:18695 WP No. 24636 of 2022

HC-KAR

iii. If the petitioner fails to honor any one of the conditions of the undertaking affidavit, he shall pay cost of Rs.1,00,000/- (Rupees One Lakh only) to the Respondent/Bank.

iv. If the petitioner fails to pay the amount by 03^rd of July, 2026, the Respondent/Bank is at liberty to take appropriate steps.

v. Accordingly, the writ petition is disposed of.

vi. Pending I.As if any, in the petition shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

DH List No.: 1 Sl No.: 32