Dismissed

Sri. Allabakash. B. v. Canara Bank

Karnataka HC17 Sept 2026WP/27715/2026

Case brief

AI extract

What is this about?

The petitioner challenged orders passed in criminal miscellaneous proceedings that were connected to SARFAESI Act enforcement actions by Canara Bank. The High Court dismissed the writ petition because the impugned orders had already led to further SARFAESI proceedings, including steps to bring the property to sale, which were not challenged in the petition. The court clarified that the dismissal would not preclude the petitioner from pursuing other available legal remedies.

What the court decided

AI extract

Sri. Allabakash. B. Vs Canara Bank — Banking and Recovery | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:51521 WP No. 27715 of 2026

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CNR: KAHC010602982026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 27715 OF 2026 (GM-DRT)

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BETWEEN:

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SRI. ALLABAKASH. B. S/O. HABEEB SAB B AGED ABOUT 50 YEARS, RESIDING AT NO. 8, 1ST CROSS, B BLOCK, DEVARAJURS LAYOUT, DAVANAGERE - 577002.

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…PETITIONER

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(BY SRI. RAVINDRA M V.,ADVOCATE)

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AND:

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CANARA BANK HAVING ITS HEAD OFFICE AT NO. 112, J.C ROAD, BENGALURU - 560002. HAVING ONE OF ITS BANCH OFFICES AT P J EXTENSION, DAVANAGERE 577002 REPRESENTED BY ITS AUTHORIZED OFFICER, SHABEER B. DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA

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…RESPONDENT

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(BY SRI. VIGNESH SHETTY.,ADVOCATE)

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HC-KAR

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NC: 2026:KHC:51521 WP No. 27715 of 2026

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CNR: KAHC010602982026

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE ORDER DATED 13.01.2025 AND 15.09.2025 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DAVANAGERE IN CRL, MISC. NO.199/2024 AS ANNEXURE-V1 AND V2 RESPECTIVELY.

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

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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The present writ petition is filed seeking for the following

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reliefs:

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" a. Issue a writ in the nature of Certiorari, or any other appropriate writ, order or direction, quashing the order dated 13.01.2025 and 15.09.2025 passed by the learned Principal Senior Civil Judge and CJM, Davanagere in Crl. Misc. No.199/2024 as ANNEXURE-V1 and V2 respectively.

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b. Issue a writ of Mandamus directing the Respondent Bank to rework and recalculate the Petitioner's loan account by applying the correct floating rate of interest in accordance with the RBI Guidelines and the terms of the loan agreement, after giving due credit to the excess amount from 2017 to till date admittedly recovered from the petitioner, together all with consequential adjustments.

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c. Declare that the initiation of proceedings under the SARFAESI Act based on an incorrect and inflated outstanding liability is arbitrary, illegal unsustainable in law. "

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Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

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HC-KAR

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NC: 2026:KHC:51521 WP No. 27715 of 2026

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CNR: KAHC010602982026

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Having regard to the fact that consequent to the impugned order dated 13.01.2025 and 15.09.2025 passed in Crl.Mis.No.199/2024 (Annexures - V1 and V2 to the writ petition) further action has been taken in terms of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ( SARFAESI Act) for bringing the property to sale which has not been impugned in the present, the present writ petition is dismissed.

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