M/S Rohith Marketing Vs M/S Karnataka Bank Ltd. — Writ and Judicial Review | Karnataka HC (2026)

M/S Rohith Marketing Vs M/S Karnataka Bank Ltd. — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No quashing of the possession notice; the writ petition was disposed of on the petitioners' affidavit undertaking, directing payment of the entire outstanding amount in four equal monthly installments (by 10.04.2026, 10.05.2026, 10.06.2026 and 10.07.2026), with the Bank to intimate the final outstanding inclusive of expenses and interest after the 3rd installment, and liberty to the Bank to proceed further in accordance with law on default of any installment.

Issue for consideration

Whether a writ of certiorari should be issued quashing the impugned possession notice dated 30-09-2025 issued by the respondent bank in respect of the schedule property.

Court's answer

The petitioner shall pay the amount as undertaken before the Court, i.e., the entire outstanding amount within 4 equal installments in four months.

Ratio / Principle

Installment schedule fixed by the Court: 1st installment by 10.04.2026, 2nd by 10.05.2026, 3rd by 10.06.2026 and 4th by 10.07.2026.

Key takeaways

When the petitioner pays the 3rd installment, the Bank shall inform what is the outstanding, and the last installment along with the expenses and interest shall be paid.ratio¶¶46
If the petitioner fails to pay any of the installments, the Bank is at liberty to proceed further in accordance with law.ratio¶¶47
All pending I.A.s in the petition shall stand closed.ratio

Detailed headnote1 paragraphs

Writ Petition (GM-DRT) — High Court of Karnataka at Bengaluru (Hon'ble Smt. Justice Lalitha Kanneganti) — M/s Rohith Marketing & Ors. v. M/s Karnataka Bank Ltd., WP No. 30898 of 2025, decided 24-03-2026. Petitioners, filed under Articles 226 and 227 of the Constitution of India, sought a writ of certiorari to quash the possession notice dated 30-09-2025 issued by the respondent bank in respect of the schedule property (Annexure-A). On the petitioners' affidavit undertaking to pay the entire outstanding amount — stated by the Bank as Rs.29,28,152/- as on 01.03.2026 — in four equal monthly installments payable by the 10th of April, May, June and July 2026, the Court disposed of the writ petition, directing that upon payment of the 3rd installment the Bank shall inform the outstanding, with the last installment to cover expenses and interest, and granting the Bank liberty to proceed further in accordance with law if any installment is defaulted; all pending I.A.s were ordered closed.

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NC: 2026:KHC:16659 WP No. 30898 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 30898 OF 2025 (GM-DRT)

BETWEEN:

M/S ROHITH MARKETING WARD NO. 26, KHATHA NO. 151/478/6068/3, GUTHYAPPA COLONY, NETHAJI CIRCLE, SHIVAMOGGA – 577 204. REPRESENTED BY ITS PARTNER.

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

MR. UDAYKUMAR M. S/O MANI M.S AGED ABOUT 51 YEARS GAGANA, 3^RD CROSS, TIMMAKKA LAYOUT, NEAR SKN SCHOOL, KALLAHALLI, VINOBHANAGARA, SHIVAMOGA - 577 204.

MRS. CHANDRAKALA P W/O UDAYKUMAR M AGED ABOUT 43 YEARS R/O 'GAGANA', 3^RD CROSS, TIMMAKKA LAYOUT, NEAR SKN SCHOOL, KALLAHALLI, VINOBHANAGARA, SHIVAMOGA - 577 204.

2^ND PARTNER OF M/S. ROHITH MARKETING. WARD NO.26, KHATHA NO. 151/478/6068/3, GUTHYAPPA COLONY,

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NC: 2026:KHC:16659 WP No. 30898 of 2025

HC-KAR

NETHAJI CIRCLE, SHIVAMOGGA – 577 204.

SMT. MEENAKSHI W/O PONNASWAMY AGED ABOUT 72 YEARS, R/O MEENAKSHI NILAYA, 3RD CROSS, RAJAPPA LAYOUT, JANNAPURA, BHADRAVATHI – 577 301. SHIVAMOGGA DISTRICT.

…PETITIONERS

(BY SRI. GOPAL K B.,ADVOCATE)

AND:

M/S KARNATAKA BANK LTD., PB NO 112, KARNATAKA BANK BUILDING, E-MAIL 1 FLOOR, SAVALANGA ROAD. SHIVAMOGGA - 577 201 REPRESENTED BY ITS BANK MANAGER,

…RESPONDENT

(BY SRI. DIVYA PURANDAR.,ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE IMPUGNED POSSESSION NOTICE, DATED 30-09-2025 ISSUED BY THE RESPONDENT BANK IN RESPECT OF THE SCHEDULE PROPERTY, VIDE ANNEXURE - AB. PASS ANY OTHER ORDER/S AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

3 - NC: 2026:KHC:16659 WP No. 30898 of 2025

HC-KAR

ORAL ORDER

The present writ petition is filed seeking the following

prayer:

a. Issue a writ of certiorari by quashing the impugned possession notice, dated 30-09-2025 issued by the Respondent Bank in respect of the schedule property, vide Annexure - 'A';

b. Pass any other order/s as this Hon'ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.

Learned counsel appearing for the petitioner has filed an affidavit before this Court stating that they will pay the entire outstanding amount within a period of four months in equal four installments and they will pay installment amount by 10^th of every month.

Learned counsel appearing for the respondent/Bank submits that the outstanding amount due as on 01.03.2026 is Rs.29,28,152/-. It is submitted that the Bank will be furnishing the latest amount due during the payment of the 3^rd installment. Once the 3^rd installment is paid, they will be informing the petitioner what is the 4^th installment to be paid including the expenses and interest. It is submitted that if the petitioner fails to pay any of the installments, they may be permitted to proceed with further proceedings.

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NC: 2026:KHC:16659 WP No. 30898 of 2025

HC-KAR

Having heard the learned counsels on either side,

perused the entire material on record. Considering the affidavit

that is placed before the court, this court is passing the following:

ORDER

i. The petitioner shall pay the amount as undertaken before this court, i.e., the entire outstanding amount within 4 equal installments in four months.

ii. The 1^st installment shall be paid by 10.04.2026, 2^nd installment by 10.05.2026, 3^rd installment by 10.06.2026 and 4^th installment by 10.07.2026.

iii. When the petitioner pays the 3^rd installment, the Bank shall inform what is the outstanding, last installment along with the expenses and interest shall be paid.

iv. If the petitioner fails to pay any of the installment, the Bank is at liberty to proceed further in accordance with law.

v. Accordingly, the writ petition is disposed off.

vi. All pending I.A.s., in the petition shall stand closed,.

SD/(LALITHA KANNEGANTI) JUDGE

TS/List No.: 1 Sl No.: 52