Disposed¶33

Nirmala Mary v. Sbfc Finance Limited

Karnataka HC15 Jul 2026WP/26465/2023

Case brief

AI extract

What is this about?

Article 226 writ petition (GM-RES) before Karnataka High Court challenging SARFAESI possession notice dated 26.10.2023 by SBFC Finance Limited; disposed of on alternate-remedy ground, petitioner permitted to pursue statutory remedy within 30 days with condonation-of-delay assurance for time spent in writ; Nirmala Mary v. SBFC Finance Limited & Others; M.G.S. Kamal J.; no precedent discussed.

What did the court decide?

Petition disposed of without adjudicating the challenge; petitioner given liberty to pursue the alternate effective remedy under the SARFAESI Act within 30 days, with assurance that time consumed in the writ petition will be considered for condonation of delay. ¶33

Nirmala Mary Vs Sbfc Finance Limited — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:35974 WP No. 26465 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^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. 26465 OF 2023 (GM-RES)

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BETWEEN:

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NIRMALA MARY

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W/O ATHONY SWAMY AGED ABOUT 48 YEARS R/A OLD NO.158, NEW NO.100 MESTRY PALYA

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DR. SHIVARAMA KARANTH NAGAR KARNATAKA-560 077

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…PETITIONER

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(BY SRI. VINAY KUTTAPPA.,ADVOCATE)

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AND:

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SBFC FINANCE LIMITED

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

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REGISTERED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE

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AT UNIT NO.103, IST FLOOR C AND B SQUARE SANGAM COMPLEX, CTS BO 95A 127 ANDHERI ROAD VILLAGE CHAKALA ANDHERI EAST MUMBAI-400 059

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SMT JEEVANAMMA W/O RAYAPPA R/A NO.158, OLD NO.100 RAYAPPA BUILDING

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2 - NC: 2026:KHC:35974 WP No. 26465 of 2023

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HC-KAR

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ST. ANNS CHURCH S R K NAGARA POST MESTRIPALYA BENGALURU-560 077

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SMT AGNESMARY W/O SANDYAGO AGED ABOUT 48 YEARS R/A OLD NO.100 RAYAPPA BUILDING ST ANNS CHURCH S R K NAGARA POST MESTRIPALYA BENGALURU-560 077

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MR ARUNKUMAR S/O MR SANDYAGO AGED ABOUT 30 YEARS R/A OLD NO.100 RAYAPPA BUILDING ST ANNS CHURCH S R K NAGARA POST MESTRIPALYA BENGALURU-560077

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…RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INSTANT PETITION IS FILED SEEKING TO SET ASIDE AND QUASH THE POSSESSION NOTICE DATED 26.10.2023, ISSUED BY R1 BANK UNDER THE SECURITIES AND RECONSTRUCTION OF FINANCIAL ASSSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 IS PRODUCED AS ANNEXURE-A AND ETC.,

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NC: 2026:KHC:35974 WP No. 26465 of 2023

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HC-KAR

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THIS PETITION, COMING ON FOR PRELIMINARY

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HEARING, 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 view of respondent No.1-Bank initiating the proceedings under the SARFAESI Act. Since an alternate effective remedy provided under the Act, the petitioner is at liberty to avail the same if so advised, within 30 days from the date of the receipt of certified copy of this order. If such steps are taken within the stipulated time, time consumed in this writ petition will be considered for condonation of delay.

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Accordingly, the writ petition is disposed of.

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Sd/-

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(M.G.S. KAMAL) JUDGE

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SPV

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List No.: 1 Sl No.: 15

Nirmala Mary v. Sbfc Finance Limited

Case brief

What is this about?

What did the court decide?

Nirmala Mary v. Sbfc Finance Limited

Case brief

What is this about?

What did the court decide?

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What the court decided

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