Dismissed¶34

Sri. Vijay Kumar. K v. Ashoknagar Co-Operative Bank Ltd.

Karnataka HC17 Mar 2026WP/6647/2023

Case brief

AI extract

What is this about?

Karnataka High Court (Lalitha Kanneganti J., 17-03-2026), WP No. 6647 of 2023 (GM-DRT): writ petition under Article 226 seeking quashing of sale notice dated 20/02/2023 (Ref No. ACBL/774/2022-23, Annexure-A) issued by Ashoknagar Co-operative Bank Ltd., a private financial company; dismissed as not maintainable applying Supreme Court ruling in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others (Civil Appeal Nos.257259 of 2022); liberty granted to approach the Debts Recovery Tribunal; benefit of Section 14, Limitation Act, 1963 conferred; pending IAs closed.

What did the court decide?

Liberty to the petitioner to avail appropriate remedy before the Debts Recovery Tribunal; benefit of Section 14 of the Limitation Act, 1963; pending IAs, if any, stand closed. ¶34

Sri. Vijay Kumar. K Vs Ashoknagar Co-Operative… — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:15623 WP No. 6647 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6647 OF 2023 (GM-DRT)

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BETWEEN:

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SRI. VIJAY KUMAR K. S/O SRI. KRISHNAMURTHY, AGED 50 YEARS, R/AT NO.38/2, PLOT NO.105, 17TH CROSS, 35TH MAIN, 6TH PHASE, J P NAGAR, BANGALORE - 560 078.

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&PETITIONER

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(BY SRI. SANDHYA U. PRABHU, ADVOCATE)

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AND:

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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ASHOKNAGAR CO-OPERATIVE BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER/ MANAGER REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, NO.1380/B, 6^TH CROSS, ASHOKNAGAR, BSK 1^ST STAGE, 2^ND BLOCK, BANGALORE - 560 050

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(NOTE SRI KRISHNAMURTHY IS NOT MADE AS PARTY AS NO RELIEF IS CLAIMED AGAINST HIM)

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&RESPONDENT

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NC: 2026:KHC:15623 WP No. 6647 of 2023

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HC-KAR

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH SALE NOTICE ISSUED BY RESPONDENT BANK DTD 20/02/2023 BEARING REF NO. ACBL/774/2022-23 PRODUCED AT ANNEXURE-A IN RESPECT OF SCHEDULE PROPERTY.

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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 SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayers:

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"a) Issue a writ of certiorari quashing Sale Notice Issued by respondent bank Dated 20/02/2023 bearing Ref No.ACBL/774/2022-23 Produced at Annexure-A in respect of schedule property.

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b) Grant any such further and other reliefs as this Hon'ble court may consider fit and proper in the facts and circumstances of the case; and"

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The writ petition is of the year 2023. The writ

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petition is filed against the respondent/Ashoknagar Co-operative Bank Limited, which is a private financial

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3 - NC: 2026:KHC:15623 WP No. 6647 of 2023

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HC-KAR

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company. In the light of the law laid down by the Hon9ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others , in Civil Appeal Nos.257259 of 2022 , a writ petition against a private financial company is not maintainable.

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The writ petition is liable to be dismissed as not maintainable. In that view of the matter, this Court is passing the following:

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ORDER

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i. Accordingly, the writ petition is dismissed as not maintainable , giving liberty to the petitioner to avail appropriate remedy before the Debts Recovery Tribunal.

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ii. The petitioner shall have the benefit of Section 14 of the Limitation Act, 1963.

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iii. Pending IAs., if any, shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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SMC/List No.: 1 Sl No.: 2

Sri. Vijay Kumar. K v. Ashoknagar Co-Operative Bank Ltd.

Case brief

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Sri. Vijay Kumar. K v. Ashoknagar Co-Operative Bank Ltd.

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