Mr M C Ashok Vs M/S Hdfc Bank — Banking and Recovery | Karnataka HC (2026)

Mr M C Ashok Vs M/S Hdfc Bank — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:16891 WP No. 25485 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25485 OF 2024 (GM-RES)

BETWEEN:

MR. M.C.ASHOK S/O M.S. CHANNEGOWDA, AGED ABOUT 54 YEARS, PROP. OF M/S SRI LAKSHMI VENKATESHWARA COFFEE TRADING CO., J.V.S. BUILDING, A.I.T. CIRCLE, K.M.ROAD, JYOTHINAGAR CHIKMAGALUR – 577 102

…PETITIONER

(BY SMT. KAVITHA D., ADVOCATE)

AND:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

M/S HDFC BANK BALAJI VENTURE, 1^ST FLOOR, SANGEETHA MOBILE STORES, M.G.ROAD, CHIKMAGALUR – 577 101 REPRESENTED BY ITS AUTHORIZED OFFICER.

AND HAVING ITS HEAD OFFICE AT M/S HDFC BANK LTD., COMMODITY FINANCE DIVISION, 2^ND FLOOR, PROCESS HOUSE, KAMALA MILLS COMPOUND, LOWER PAREL, MUMBAI - 400 013

THE SENIOR MANAGER- RECOVERY DEPT. FOR SPECIAL OPERATIONS,

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NC: 2026:KHC:16891 WP No. 25485 of 2024

HC-KAR

M/S HDFC BANK LTD., 2ND FLOOR, ESSEL CHAMBERS, 7 AND 7/1, LALABAGH ROAD, RICHMOND CIRCLE, BENGALURU – 560 027

…RESPONDENTS

(BY SRI. VASUDEVAN H.N., ADVOCATE FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED: 05.12.2016 IN CRL. MISC.NO. 58/2016 AND WHICH IS PENDING BEFORE THE HONBLE COURT OF SENIOR CIVIL JUDGE AND CJM, CHIKMAGALUR VIDE ANNEXURE-E AND DEMAND NOTICE DATED: 02.01.2024 ISSUED BY THE RECOVERY OFFICER-I, DRT-I VIDE ANNEXUREZ STATING THAT THE ENTIRE PARALLEL RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002 AND THE RDB ACT, 1993.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2026:KHC:16891 WP No. 25485 of 2024

HC-KAR

ORAL ORDER

The present writ petition is filed seeking the following prayer:

“WHEREFORE the petitioner most respectfully prays before this Hon’ble Court that in view of the facts and grounds mentioned above, for the following reliefs:

a) Issue a writ of Certiorari by setting aside the Order dated 05.12.2016 in Crl.Misc.No.58/2016 and which is pending before the Hon’ble Court of Senior Civil Judge and CJM, Chikmagaluru vide ANNEXURE-E and Demand notice dated 02.01.2024 issued by the Recovery officer-I, DRT-I vide ANNEXURE-Z stating that the entire parallel recovery proceedings initiated by the respondent Bank against the schedule property are illegal and in violation of the SARFAESI Act, 2002 and the RDB Act, 1993.

b) Issue writ of mandamus to the respondent Bank not to take any action against the schedule property and to accept the petitioner’s representation dated 20.08.2021 vide ANNEXURE-S to clear the OTS amount of Rs.42.00 lakhs and thereby enable him to clear his loan account held with the respondent Bank

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

It is submitted by the petitioner that the interim

order granted by this Court is complied with.

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NC: 2026:KHC:16891 WP No. 25485 of 2024

HC-KAR

The petitioner has an effective alternative remedy before the DRT and the writ petition is not maintainable. In that view

of the matter, this Court is passing the following:

ORDER

i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the DRT.

ii. The petitioner shall have the benefit of Section 14 of the Limitation Act.

iii. All pending I.As., in the writ petition shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

PKN

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