Dismissed¶24

Sri B S Arun v. M/S State Bank of India

Karnataka HC13 Jan 2026WP/35328/2018

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), WP No. 35328 of 2018 (GM-RES), NC: 2026:KHC:2088, M.G.S. Kamal J., decided 13 January 2026. Borrower's writ petition under Articles 226/227 against State Bank of India SMEC Peenya's letter dated 04.08.2018 (Section 13 SARFAESI action — vacate premises / constructive possession, Annexure-D) dismissed on the ground of alternate and efficacious remedy under Section 17 SARFAESI; liberty reserved to approach the statutory forum; no order on merits. No precedent cited or discussed.

What did the court decide?

Liberty reserved to the petitioner to avail the alternate remedy under Section 17 of the SARFAESI Act, if so advised; no relief on merits. ¶24

Sri B S Arun Vs M/S State Bank of India — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:2088 WP No. 35328 of 2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35328 OF 2018 (GM-RES)

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BETWEEN:

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SRI B S ARUN S/O SRI SHANKARANARAYANA AGED ABOUT 44 YEARS, AT NO.200, 'VASUDEVA NILAYA' 10^TH CROSS, NGEF LAYOUT NRUPATHUNGANAGAR BENGALURU-560 072.

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&PETITIONER

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(BY SRI. B.S. ARUN, ADVOCATE-ABSENT) AND:

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

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M/s.STATE BANK OF INDIA SMALL AND MEDIUM ENTERPRISES CENTRE (SMEC) PEENYA (015913) NO.161 LOTUS 10^TH MAIN ROAD, 3^RD PHASE LAGGERE CROSS OPP POLLUTION CONTROL BOARD PEENYA INDUSTRIAL AREA BENGALURU-560 058 REP. BY ITS CHIEF MANAGER. (BY SMT. SHEELA DEEPAK, ADVOCATE)

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&RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 04.08.2018 ISSUED BY THE RESPONDENT TO VACATE THE PREMISES AND ALSO ALLEGEDLY CLAIMED TO HAVE TAKEN CONSTRUCTIVE POSSESSION OF THE PROPERTY VIDE ANNEXURE-D.

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NC: 2026:KHC:2088 WP No. 35328 of 2018

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HC-KAR

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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 M.G.S. KAMAL

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ORAL ORDER

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The Court notice issued to the petitioner vide order dated 10.02.2023 is stated to have been received as found in the postal track record.

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Learned counsel for the respondent pointed out to the issue raised in the present proceedings with regard to validity or otherwise of the action taken by the respondent-bank under the provisions of Section 13 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act.

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In that view of the matter, since the petitioner has alternate and efficacious remedy under Section 17 of the Act, reserving liberty to the petitioner to avail such remedy, if so advised, petition is dismissed.

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NC: 2026:KHC:2088 WP No. 35328 of 2018

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HC-KAR

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It is made clear that no order is passed on the merits

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of the case.

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Sd/(M.G.S. KAMAL) JUDGE

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