Smt. Nasreen Vs the Manager — Company and Corporate | Karnataka HC (2026)

Smt. Nasreen Vs the Manager — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Dismissal as withdrawn with liberty to challenge the impugned notice before the appropriate forum; respondents directed not to take coercive steps for 30 days; pending IA(s), if any, disposed of accordingly.

Issue for consideration

Whether the demand notice dated 27/03/2025 (Ref. TBBNG00006646287) issued by Respondent No. 1 under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Annexure-A) and the possession notice dated 07/08/2025 issued under Section 13(4) of that Act (Annexure-D) are liable to be quashed.

Court's answer

The writ petition is dismissed as withdrawn, with liberty to the petitioner to challenge the impugned notice before the appropriate forum.

Ratio / Principle

The respondents are directed not to take any coercive steps for a period of 30 days.

Key takeaways

Pending IA(s), if any, stand disposed of in view of dismissal of the petition.ratio¶39

Detailed headnote1 paragraphs

Writ Petition No. 38428 of 2025 (GM-DRT), High Court of Karnataka at Bengaluru, decided 13 January 2026 by Hon'ble Mr. Justice Ashok S. Kinagi (oral order). Smt. Nasreen w/o Asgar Khan, represented by Sri. Srinivas V., Advocate, sought under Articles 226 and 227 of the Constitution of India to quash (i) a demand notice dated 27/03/2025 (Ref. TBBNG00006646287) issued by Respondent No. 1 (Manager, ICICI Bank Ltd.) under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Annexure-A), and (ii) a possession notice dated 07/08/2025 issued by the respondent bank under Section 13(4) of that Act (Annexure-D). Learned counsel filed a memo seeking leave to withdraw the petition with liberty to challenge the impugned notice before the appropriate forum; the Court took the memo on record, dismissed the petition as withdrawn with that liberty, directed the respondents not to take any coercive steps for a period of 30 days, and disposed of pending IA(s) accordingly. The petition was withdrawn before any merits adjudication; the order carries no precedent value on the validity of the Section 13(2)/13(4) notices.

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NC: 2026:KHC:2333 WP No. 38428 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 38428 OF 2025 (GM-DRT)

BETWEEN:

SMT. NASREEN W/O ASGAR KHAN AGED ABOUT 35 YEARS R/AT NO.617, 12^TH CROSS,

KAVERI NAGAR, K.C HALLI,

BENGALURU-560076

Digitally signed by KIRAN KUMAR R (BY SRI. SRINIVAS V., ADVOCATE) Location: HIGH COURT OF KARNATAKA

AND:

&PETITIONER

THE MANAGER

ICICI BANK LTD., NO 953, 16^TH MAIN, BTM 2^ND STAGE, BANGALORE -560 076

2 - NC: 2026:KHC:2333 WP No. 38428 of 2025

HC-KAR

THE ICICI BANK LTD., HAVING REGISTERED OFFICE AT ICICI TOWER, NEAR CHAKKLI CIRCLE, OLD PADRA ROAD, VADODARA-300 007 GUJARATH REPRESENTED BY IT'S AUTHORIZED OFFICER MANAGING DIRECTOR REGISTERED UNDER COMPANIES ACT

THE ICICI BANK LTD., CORPORATE OFFICE AT ICICI TOWERS, BANDRAKURLA COMPLEX, MUMBAI-400501 REPRESENTED BY IT'S CHIEF EXECUTIVE OFFICER REGISTERED UNDER COMPANIES ACT 1956

&RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 27/03/2025 HAVING REF TBBNG00006646287 ISSUED BY THE RESPONDENT NO 1 UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 VIDE ANNEXURE-A AND ALSO POSSESSION NOTICE DATED 07/08/2025 ISSUED BY THE RESPONDENT BANK UNDER SECTION 13(4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 VIDE ANNEXURE-D TO THE WRIT PETITION.

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

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NC: 2026:KHC:2333 WP No. 38428 of 2025

HC-KAR

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

Learned counsel for the petitioner has filed a memo

seeking leave of the Court to withdraw the writ petition

with liberty to challenge the impugned notice before the appropriate forum.

Memo is taken on record.

Accordingly, the writ petition is dismissed as

withdrawn with the aforesaid liberty.

Meanwhile, the respondents are directed not to

take any coercive steps for a period of 30 days.

In view of dismissal of the petition, pending

IA(s), if any, shall stand disposed of accordingly.

Sd/(ASHOK S.KINAGI) JUDGE

PA

CT:KHV

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