A writ petition filed to quash recovery proceedings initiated under the SARFAESI Act was dismissed as infructuous because the respondent counsel successfully submitted that the loan account had been closed, rendering no cause of action for the petitioners.
The writ petition was dismissed as infructuous; pending IAs. were closed.
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NC: 2026:KHC:14312 WP No. 26170 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26170 OF 2023 (GM-DRT)
BETWEEN:
Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT PRESENT NO LTG-10, 1ST BLOCK, 2ND STAGE, INDUSTRIAL LAYOUT, KHB COLONY,
NC: 2026:KHC:14312 WP No. 26170 of 2023
HC-KAR
VISHWESHWARA NAGARA, KILLE MOHALLA, MYSORE, KARNATAKA
…PETITIONERS
(BY SRI. NITHIN CHANDRA M., ADVOCATE)
AND:
HC-KAR
S/O HANUMANTHAIAH AGED ABOUT 55 YEARS, R/AT NO.95, 1ST STAGE, GAYATHRIPURAM, MYSORE ALSO AT MANAGER, THE CITY CO-OPERATIVE BANK LTD., HARSHA ROAD, MYSURU CITY KARNATAKA
AGED ABOUT 45 YEARS, R/AT 128, EWS, 3RD CROSS, 2ND STAGE, BOGADI, MYSURU
HC-KAR
4TH MAIN ROAD, RAILWAY LAYOUT, RAMABAYIANAGARA, MYSURU
…RESPONDENTS
(BY SRI. B S MAHENDRA, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED RECOVERY PROCEEDINGS INITIATED UNDER SARFAESI ACT - 2002 VIDE DEMAND NOTICE DTD 22.09.2023 AT ANNEXURE-R ISSUED BY THE R1 SOCIETY AND ETC.
THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
NC: 2026:KHC:14312 WP No. 26170 of 2023
HC-KAR
ORAL ORDER
A memo is filed by the learned counsel for respondent No.1 stating that the loan account has been closed. Hence, nothing survives for consideration. It is submitted that he may
be permitted to avail the appropriate remedy in accordance with law.
already been closed, if the petitioners have any other cause of action, they are at liberty to avail appropriate remedy in accordance with law.
as infructuous.
SD/(LALITHA KANNEGANTI) JUDGE
SMC List No.: 1 Sl No.: 26
1 issue framed by the court
Whether the writ petition to quash recovery proceedings under SARFAESI Act is maintainable when the loan account has been closed.
Smt. L. Shivamma and Others
The City Co Operative Bank Ltd
Lalitha Kanneganti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
