Smt Kushala Ashoka Vs Icic Bank Limited — Writ and Judicial Review | Karnataka HC (2026)

Smt Kushala Ashoka Vs Icic Bank Limited — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

No quashing of the impugned notice and no unconditional restraint on the Bank was granted; the petition was disposed of in terms of the Court's directions: payment of 25% of the outstanding loan amount on or before 31.05.2026 and the remaining 25% on or before 31.08.2026 as per the undertaking affidavit; liberty to the Respondent/Bank to proceed with further steps if any installment is unpaid; Rs.1,00,000/- payable as costs to the Respondent/Bank if any condition of the undertaking affidavit is breached; pending I.As closed.

Issue for consideration

Whether the Notice dated 20.12.2025 (vide Annexure-A) issued by the Respondent Bank should be quashed/set aside in so far as the petitioner is concerned. +1 more

Ratio / Principle

Considering the undertaking affidavit filed by the petitioner, the Court ordered that the petitioner, as per the undertaking affidavit, shall pay 25% of the outstanding loan amount on or before 31.05.2026 and the remaining 25% on or before 31.08.2026.

Key takeaways

If any one of the installments is not paid, the Respondent/Bank is at liberty to proceed with the further step (i.e., no unconditional restraint was imposed on the Bank).ratio¶50
If the petitioner fails to honour any one of the conditions of the undertaking affidavit, he shall pay an amount of Rs.1,00,000/- (Rupees One Lakh only) towards costs to the Respondent/Bank.ratio¶51
Accordingly, the writ petition is disposed of.

Detailed headnote1 paragraphs

Writ Petition No. 39391 of 2025 (GM-DRT), High Court of Karnataka at Bengaluru (Lalitha Kanneganti, J.), decided 02.04.2026: Smt. Kushala Ashoka, under Articles 226 & 227 of the Constitution of India, sought quashing of a notice dated 20.12.2025 (Annexure-A) issued by ICIC Bank Limited and restraint against the Bank taking physical possession of the petition schedule property. Recording that the petitioner, per undertaking affidavit filed on 18.03.2026, had paid Rs.26,00,000/- (26.02.2026) and Rs.25,00,000/- (28.02.2026) — together 50% of the outstanding amount — and undertaken to pay the balance in two instalments, the Court directed payment of 25% of the outstanding loan amount on or before 31.05.2026 and the remaining 25% on or before 31.08.2026; on default of any instalment the Respondent/Bank is at liberty to proceed with the further step; breach of any condition of the undertaking affidavit attracts Rs.1,00,000/- (Rupees One Lakh only) as costs to the Respondent/Bank. The writ petition was disposed of and pending I.As stood closed. The validity of the impugned notice was not adjudicated on merits.

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NC: 2026:KHC:18324 WP No. 39391 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF APRIL, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 39391 OF 2025 (GM-DRT)

BETWEEN:

SMT.KUSHALA ASHOKA AGED ABOUT 35 YEARS, W/O ASHOKA, NO.5 AC, NO.104, KALYAN NAGAR, BENGALURU - 560 043

&PETITIONER

(BY SRI. RAGHAVENDRA C., ADVOCATE)

AND:

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

ICIC BANK LIMITED NO.4/10, MYTHREE TOWER, BOMMANAHALLI, HOSUR MAIN ROAD, BENGALURU - 560 068 REPRESENTED BY ITS AUTHORIZED SIGNATORY/MANAGER.

&RESPONDENT

(BY SRI. B.S.JEEVAN KUMAR, ADVOCATE)

THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/ SET ASIDE THE NOTICE DATED 20.12.2025 (VIDE ANNEXURE-A) ISSUED BY THE RESPONDENT BANK; DIRECTION RESTRAINING THE RESPONDENT BANK FROM TAKING PHYSICAL POSSESSION OF THE PETITION SCHEDULE PROPERTY, ETC.,

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NC: 2026:KHC:18324 WP No. 39391 of 2025

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following

prayer:

<a) Issue a Writ of Certiorari by quashing/setting aside the Notice dated 20.12.2025, (vide Annexure-A) in so far as petitioner concerned issued by the Respondent Bank.

b) Issue any writ or order or direction restraining the Respondent Bank from taking physical possession of the Petition Schedule Property.

c) Pass such other order/s as this Hon'ble Court deems fit in the circumstances of the case including an order for costs of this proceeding, to meet the ends of justice and equity.=

Learned counsel for the petitioner on the earlier

occasion, i.e., on 24.02.2026 had submitted that the petitioner is ready to clear the entire amount. This Court had directed the petitioner to file an undertaking affidavit. On 16.03.2026, petitioner had sought for time to file the

same. On 18.03.2026, an undertaking affidavit is filed

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wherein the petitioner has stated that he has paid a sum of Rs.26,00,000/- to the respondent/Bank on 26.02.2026

and a further sum of Rs.25,00,000/- was paid on 28.02.2026 and so far he has paid 50% of the outstanding amount. It is stated that 25% of the outstanding amount will be paid on or before 31.05.2026 and the remaining 25% of the amount with accrued interest shall be paid on or before 31.08.2026.

Learned counsel appearing for the

Respondent/Bank submits that instead of the first installment on 31.05.2026, he may be directed to pay on 31.04.2026.

4. Considering the undertaking affidavit filed by

the petitioner, this Court is the following:

ORDER

i. Petitioner, as per the undertaking affidavit shall pay 25% of the outstanding loan amount

on or before 31.05.2026 and the remaining

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NC: 2026:KHC:18324 WP No. 39391 of 2025

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25% of the amount shall be paid on or before

31.08.2026.

ii. If any one of the installment is not paid, the Respondent/Bank is at liberty to proceed with the further step.

iii. If the petitioner fails to honor any one of the conditions of the undertaking affidavit, he shall pay an amount of Rs.1,00,000/- (Rupees One Lakh only) towards costs to the

Respondent/Bank.

iv. Accordingly, the writ petition is disposed of.

v. Pending I.As in the petition shall stand closed.

SD/(LALITHA KANNEGANTI) JUDGE

DH

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