IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

WRIT PETITION NO. 8184 OF 2024 (GM-DRT)

BETWEEN:

SMT. VANITHA. N.

W/O LATE SRINIVASA C AGED ABOUT 58 YEARS,

PLOT NO. 9, DOOR NO. 402,

4^TH FLOOR, 1^ST C MAIN, SRK ORCHIDS,

JAKKASANDRA EXTENSION,

KORAMANGALA, BANGALORE - 560034.

…PETITIONER

(BY SRI. SHARATH KUMAR SHETTY., ADVOCATE)

AND:

THE AUTHORIZED OFFICER

Digitally

THE MALLESWARAM CO-OPERATIVE BANK LIMITED,

signed by

NO. 102, EAST PARK ROAD,

SUNITHA K S

7^TH CROSS, MALLESHWARAM,

Location:

BANGALORE - 560 003.

HIGH COUR T …RESPONDENT

OF

KARNATAKA

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DEMAND NOTICE REF NO. 1091 DATED 19/12/2023 ISSUED BY THE RESPONDENT AS PER ANNEXURE-A. IN SO FAR AS PETITIONER IS CONCERNED. TO DIRECT THE RESPONDENT TO RECEIVE THE BALANCE AMOUNT

AND REGULARIZED THE LOAN AMOUNT, AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

1. The petitioner filed this writ petition seeking the following reliefs:

a) To issue a writ in the nature of Certiorari and quash the impugned Notice demand notice Ref.No.1091 dated 19.12.2023 issued by the Respondent as per Annexure "A". In so far as Petitioner is concerned;

b) To direct the Respondent to receive the balance amount and regularized the loan account;

c) To direct the Respondent bank to provide the insurance policy details which taken by the Petitioner's husband during his life time;

d) To direct the Respondent bank to appropriate the loan amount through the Insurance coverage;

e) To issue such other writ, direction or order as this Hon'ble Court deem proper in the circumstances of the case, and f) To award to the petitioner, the costs of this petition

2. Brief facts, leading rise to the filing of this writ petition are as follows:

3. The husband of the petitioner, by name Srinivasa C has obtained a loan of ₹1,40,00,000/- from the respondent - Bank, and the petitioner has no knowledge about the loan which was availed by the petitioner's husband. The petitioner received a notice from the respondent Bank. As per the notice, it is learnt that the petitioner's husband has created an equitable mortgage by way of deposit of title deeds of the schedule property with the respondent Bank. It is contended that in the mortgage property of the petitioner's husband, she was receiving a rent of ₹1,78,000/- and tenants deposited the same into the petitioner's husband's account. The respondent Bank, having an ECS/Electronic Clearing Service, the respondent Bank collected the EMIs from the petitioner's husband's account from the date of sanctioning of the loan to till date. The husband of the petitioner passed away on 21.01.2024 and the petitioner is not in a position to pay the EMI for the last 3 months. The respondent Bank issued a demand notice dated 19.12.2023 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for brevity). The petitioner, aggrieved by the notice issued under Section 13(2) read with Section 13(13) of the SARFAESI Act, filed this writ petition.

4. Heard the learned counsel for the petitioner.

5. Learned counsel for the petitioner submits that the husband of the petitioner obtained a loan, and the tenants who have deposited the rent in the petitioner's husband's account, have been adjusted to the loan account through ECS. The husband of the petitioner passed away, leaving behind the petitioner. The respondent has initiated recovery proceedings by issuing the impugned notice. He submits that the impugned notice issued by the respondent Bank is arbitrary and erroneous. Hence, on these grounds prays to allow the writ petition.

6. Heard and perused the records, and considered the submissions of the learned counsel for the petitioner.

7. It is an undisputed fact that the respond