Dismissed¶39

Mrs K N Nagarathna v. Canara Bank

Karnataka HC11 Feb 2026WP/4395/2023

Case brief

AI extract

What is this about?

Dismissal of Article 226 writ petition for non-appearance and non-compliance with conditional interim order; Section 14 SARFAESI proceedings by Canara Bank (Nagarabhavi 2nd Stage Branch); prayer for restraint on coercive action against scheduled property till disposal of S.A.No.553/2019 before Debts Recovery Tribunal-I, Bengaluru; interim order of 27.02.2023 conditioned on 20% deposit; automatic-vacatur clause in order dated 11.04.2023; both side advocates absent; no costs, no quantum.

What did the court decide?

The matter did not come up before the Court after 11.04.2023; there being neither any appearance of the petitioner nor any material placed on record regarding compliance with the interim order or the status of S.A.No.553/2019, the Court found no basis to continue consideration of the petition. ¶37

Mrs K N Nagarathna Vs Canara Bank — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:8427 WP No. 4395 of 2023

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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 11^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4395 OF 2023 (GM-RES)

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BETWEEN:

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MRS. K.N. NAGARATHNA W/O MR. NAGARAJ, AGED ABOUT 54 YEARS, NO.535, SY. NO.25/2, 14^TH MAIN ROAD, 16^TH CROSS, KARNATAKA D GROUP SOCIETY, SRIGANDADAKAVALU, BANGALORE-560 091.

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…PETITIONER

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(BY SRI. SANDHYA U PRABHU.,ADVOCATE(ABSENT)

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AND:

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

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CANARA BANK REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER, NAGARABHAVI 2^ND STAGE BRANCH, SRISAISUKRUTHA COMPLEX, OPP.TO BDA COMPLEX, NAGARBHAVI, 2^ND STAGE, BANGALORE-560 072.

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…RESPONDENT

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(BY SRI. VIGNESH SHETTY.,ADVOCATE(ABSENT))

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT BANK NOT TO TAKE ANY COERCIVE ACTION AGAINST THE SCHEDULE PROPERTY TILL THE DISPOSAL OF

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NC: 2026:KHC:8427 WP No. 4395 of 2023

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HC-KAR

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THE S.A NO.553/2019 AS MENTIONED IN ANNX-D PENDING ON THE FILE OF HONBLE DEBTS RECOVERY TRIBUNAL I AT BANGALORE AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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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This petition is filed questioning the proceedings initiated

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by the respondent/Bank under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act) and for a direction to respondent/Bank not to take any coercive action against the scheduled property of the petitioner till disposal of S.A.No.553/2019 pending before Debts Recovery Tribunal-I, Bengaluru.

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This Court by order dated 27.02.2023 had granted interim protection subject to petitioner depositing 20% of the amount due to the respondent/Bank on the terms detailed thereunder. The said order was extended from time to time enabling the petitioner to comply with the same.

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NC: 2026:KHC:8427 WP No. 4395 of 2023

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HC-KAR

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By ordered dated 11.04.2023, this Court has noted

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as under;

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"The learned counsel appearing for the petitioner submits that the first chunk has been complied with and the learned counsel appearing for the respondent would admit.

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The learned counsel appearing for the petitioner is directed to comply with the remainder of the interim order and in the event the petitioner would not comply with remainder of the interim order, the interim order would get automatically vacated and the Bank is at liberty to proceed, in accordance with law.

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Interim order, with the aforesaid conditions, stands extended till the next date of hearing."

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That the matter has not come up before this Court

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thereafter. There is neither any appearance of the petitioner nor any material placed on record with regard to either compliance of the interim order or about the status of application in SA No.553/2019 pending before Debts Recovery

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Tribunal-I, Bengaluru.

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In that view of the matter, petition is dismissed .

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

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RU, List No.: 1 Sl No.: 26

Mrs K N Nagarathna v. Canara Bank

Case brief

What is this about?

What did the court decide?

Mrs K N Nagarathna v. Canara Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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