Allowed¶56

Smt. G. N. Jamuna Bai v. Union Bank of India

Karnataka HC11 Mar 2026WP/8667/2025

Case brief

AI extract

What is this about?

SARFAESI Section 13(2) demand notice; Section 13(4) possession notice; Rule 8 Security Interest Enforcement Rules 2002 sale notice; Union Bank of India Asset Recovery Branch Bengaluru; petitioner died during pendency 18.01.2026; legal representatives LRs; initiate proceedings afresh; loan account regularization representation 17.03.2025; writ petition allowed; Karnataka High Court 2026; WP No. 8667 of 2025 (GM-DRT); Lalitha Kanneganti J.; NC: 2026:KHC:14670.

What did the court decide?

Writ petition allowed; proceedings under the SARFAESI Act set aside as the petitioner is no more; respondents at liberty to initiate afresh proceedings in accordance with law; all pending I.As. in the writ petition closed. ¶56

Smt. G. N. Jamuna Bai Vs Union Bank of India — Banking and Recovery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Effect of the petitioner's death on 18.01.2026 during the pendency of the writ petition - whether the legal representatives should be brought on record or the SARFAESI proceedings be set aside with liberty to the Bank to initiate afresh. +1 more

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Court's answer

Since the petitioner is no more, the respondent/Bank has to initiate the proceedings afresh in accordance with law, and no purpose will be served in bringing the legal representatives on record in this writ petition; accordingly the writ petition is allowed by setting aside the proceedings under the SARFAESI Act as the petitioner is no more.

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Ratio / Principle

The respondents are at liberty to initiate afresh proceedings in accordance with law.

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Key takeaways

All pending interlocutory applications in the writ petition shall stand closed.ratio¶58

Detailed headnote1 paragraphs

Karnataka HC (Writ Petition No. 8667 of 2025 (GM-DRT); Lalitha Kanneganti, J.; 11-03-2026; NC: 2026:KHC:14670): Petitioner (Smt. G. N. Jamuna Bai, aged about 84) challenged under Articles 226 and 227 the Demand Notice dated 04.09.2024 (S.13(2) SARFAESI Act), the Possession Notice dated 17.12.2024 (S.13(4) SARFAESI Act r/w Rule 8(1), Security Interest Enforcement Rules, 2002) and the Sale Notice fixing sale on 13.02.2025 (Rule 8) issued by Union Bank of India, and sought mandamus to consider her representation dated 17.03.2025 for regularization of the loan account. During pendency she died on 18.01.2026 and counsel sought to bring LRs on record. Held: proceedings initiated against the petitioner, who is no more, cannot continue - the Bank must initiate proceedings afresh in accordance with law and no purpose is served by bringing LRs on record. Petition ALLOWED; SARFAESI proceedings set aside; respondents free to initiate afresh; pending I.As. closed. Merits of the challenged notices were not adjudicated.

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NC: 2026:KHC:14670 WP No. 8667 of 2025

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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 MARCH, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8667 OF 2025 (GM-DRT)

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BETWEEN:

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SMT. G. N. JAMUNA BAI W/O LATE G.N. GIRIAPPA, AGED ABOUT 84 YEARS, R/AT NO.3, JAMUNA GIRI, 2^ND CROSS, LAKSHMI ROAD,

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SHANTHINAGAR,

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BANGALORE -560 027

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PRESENTLY RESIDING AT

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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FLAT NO.442, 4^TH BLOCK, RANKA PARK APARTMENT,

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LALBAGH MAIN ROAD, BENGALURU -560 027

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…PETITIONER

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(BY SRI. ANANDARAMA K., ADVOCATE)

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AND:

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UNION BANK OF INDIA

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ASSET RECOVERY BRANCH,

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BENGALURU NORTH, NO.1234, 1^ST FLOOR, 4^TH MAIN,

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OPP. CHANDRA LAYOUT BUS STOP,

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NC: 2026:KHC:14670 WP No. 8667 of 2025

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HC-KAR

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CHANDRA LAYOUT, BANGALORE -560 040 REPRESENTED BY ITS CHIEF MANAGER AND AUTHORISED OFFICER

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UNION BANK OF INDIA REGIONAL OFFICE KASTURBA ROAD BANGALORE 560001 REPRESENTED BY ITS REGIONAL MANAGER.

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…RESPONDENTS

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(BY SRI. LAKSHMI K VARADARAJU, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-CALL FOR RECORDS AND QUASH THE DEMAND NOTICE BEARING REF NO. ARB/708/DN12/2024-25 DATED: 04.09.2024 (ANNEXURE-C) ISSUED BY THE R-1 HEREIN UNDER SEC 13(2) OF THE SARFAESI ACT.

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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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NC: 2026:KHC:14670 WP No. 8667 of 2025

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HC-KAR

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ORAL ORDER

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The present writ petition is filed seeking following

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prayer:

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"WHEREFORE, Petitioner prays that this Hon'ble Court be pleased to -

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a) Call for records;

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b) Issue a writ of Certiorari or any other appropriate writ or order, quashing the Demand Notice bearing Ref. No.ARB/708/DN12/2024-25 dated 04.09.2024 (Annexure C) issued by the Respondent No.1 herein under Section 13(2) of the SARFAESI Act, in the interest of justice and equity;

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c) Issue a writ of Certiorari or any other appropriate writ or quashing the Possession Notice order bearing No.ARB/708/PN28/2024-25 dated 17.12.2024 (Annexure G) issued by Respondent No.1 herein under Section 13(4) of the SARFAESI Act read with Rule 8 (1) of the Security Interest Enforcement Rules, 2002, in the interest of justice and equity;

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d) Issue a writ of Certiorari or any other appropriate writ or order quashing the Notice No.ARB/708/SN30/34/2024-25 for dated Sale bearing 13.02.2025 (Annexure J) issued by Respondent No.1 herein under Rule 8 of the Security Interest Enforcement Rules, 2002, in the interest of justice and equity;

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e) Issue a writ of Mandamus or any other writ or order directing the Respondent No.1 Bank to consider the representation dated 17.03.2025 (Annexure K) submitted by the Petitioner to Respondent No.1 and regularize the loan account as standard category, in the interest of justice and equity;

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f) Grant costs of the proceedings.

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g) Grant such other relief(s) as this Hon'ble Court deems fit to grant in the facts and circumstances of the case."

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It is submitted by learned counsel appearing for the

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petitioner that, the petitioner is no more and he died on

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NC: 2026:KHC:14670 WP No. 8667 of 2025

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HC-KAR

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18.01.2026. He submits that some time may be granted, he would bring LRs on record.

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When the proceedings are initiated by the Bank

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against the petitioner and as the petitioner is no more, the respondent/Bank has to initiate the proceedings afresh in accordance with law. In that view of the matter, no purpose will be served in bringing the LRs on record in this writ petition. In that view of the matter this court is passing the following:

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ORDER

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