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NC: 2026:KHC:18703 WP No. 9296 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF APRIL, 2026

BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 9296 OF 2022 (GM-DRT)

BETWEEN:

SMT S SREELATHA W/O NARASIMHA MURTHY G

AGED ABOUT 40 YEARS, R/AT NO.50, 6TH CROSS,

TULASINAGAR MAGADI MAIN ROAD,

HOSAHALLI GOLLARAPALYA VISHWANEEDAM POST BENGALURU - 560 091

…PETITIONER

(BY SRI. H.R. VISHWANATH, ADVOCATE (ABSENT))

AND:

KOTESHWARA SAHAKARI BANK NIYAMITHA Digitally signed by SUVARNA T NO.12/2, 'VISHWOTHAMA'

Location: HIGH COURT OF 1^ST FLOOR, 2^ND MAIN ROAD, KARNATAKA

SHESHADRIPURAM BENGALURU - 560 020

REPRESENTED BY AUTHORISED OFFICER …RESPONDENT

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE NOTICE DTD 10.03.2022 ISSUED BY RESPONDENT VIDE ANNEXURE-E, DIRECT THE RESPONDENT TO GIVE TIME TO

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NC: 2026:KHC:18703 WP No. 9296 of 2022

HC-KAR

REPAY THE OUTSTANDING AMOUNT TO THE RESPONDENT BANK.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following

prayers:

“(a) Issue a writ in the nature of certiorari quash the notice dtd:10.03.2022 issued by

Respondent vide Annexure-E.

(b) Issue a writ in the nature of mandamus directing the Respondent to give time to repay the outstanding amount to the Respondent

Bank.

(c) Pass such any other order/s or direct/s that are deemed under the above circumstances, in the interest of justice and

equity.”

2. There is no representation on behalf of the

petitioner. It is noted that the notice is not served on the

respondent.

3. The writ petition is of the year 2022. The present

writ petition is filed against Koteshwara Sahakari Bank

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NC: 2026:KHC:18703 WP No. 9296 of 2022

HC-KAR

Niyamitha, which is a private Finance Company. In the light of the judgment passed by the Hon’ble Supreme Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against

Koteshwara Sahakari Bank Niyamitha

4. In that view of the matter, this Court is passing the

following:

ORDER

i. Accordingly, the writ petition is disposed

of, giving liberty to the petitioner to avail

the alternative remedy.

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

SD/-

(LALITHA KANNEGANTI)

JUDGE

SMC List No.: 1 Sl No.: 3