Authority: High Court of Karnataka at Bengaluru

Order Date: 15 July 2026

Case Overview

  • Parties: Petitioner – MR MANJUNATHA N R, son of late KRISHNAPPA NAIDU, aged about 48, residing at No.485/A, 4th A Cross, 1st Main, Vidyapeeta Layout, Thyagarajanagar, Bengaluru 560028. Respondent – M/S THE NATIONAL CO‑OPERATIVE BANK LTD, registered under the Cooperative Societies Act 1959 on 14‑04‑1975, administrative office at No.73/1, Gandhi Bazaar Main Road, Bengaluru 560004, IFSC code SRCB0NCB002, represented by its authorized officer.
  • Nature of Petition: Writ Petition No. 27351 of 2023 (GM‑RES) filed under Articles 226 & 227 of the Constitution of India, seeking to set aside the sale notice dated 22‑11‑2023 (Annexure‑D) published by the respondent bank in the New Indian Express on 24‑11‑2023. The petitioner alleged that the entire recovery proceedings initiated by the bank against the schedule property were illegal and violated the SARFAESI Act, 2002, among other statutes.
  • Court Observations: The Hon'ble Mr. Justice M.G.S. Kamal observed that an alternate effective remedy is provided under the SARFAESI Act. The petitioner is at liberty to avail this remedy. If the petitioner takes the required steps within the stipulated time, the time consumed in this writ petition will be considered for condonation of delay.

Final Outcome

  • The writ petition is disposed of. No further orders were issued.

Topics: Legal Remedy, Banking Recovery