- 1 - HC-KAR NC: 2025:KHC-K:2828 WP No. 202516 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.202516 OF 2021 (GM-RES) BETWEEN: M/S JAGDAMBA FABRICATION WORKS, A REGISTERED FIRM, HAVING ITS OFFICE AT SHOP NO. 3 AND 4, KOLHAR INDUSTRIAL AREA, BIDAR-585401. (REPRESENTED BY ITS PROPRIETOR, SRI. MOHAN RAO S/O GANPAT RAO GARJE). …PETITIONER (BY SRI. ASHOK H; SRI. N. R. BASUTKAR AND SRI. NAMRATA PHULSE, ADVOCATES) AND: 1. STATE BANK OF INDIA OSMAN GUNJ BRANCH, RAM MANDIR ROAD, BIDAR-585401. (REP. BY ITS MANAGER). 2. STATE BANK OF INDIA LOCAL HEAD OFFICE COMPLEX, #65, ST. MARKS RD, ABOVE SPB BRANCH, ASHOK NAGAR, BENGALURU, KARNATAKA-560001. (REP. BY ITS GENERAL MANAGER). Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2828 WP No. 202516 of 2021 3. STATE BANK OF INDIA HEAD QUARTERS, #C-5, G BLOCK BKC, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI, MAHARASHTRA-400051. (REP. BY ITS CMD) 4. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, BIDAR DIST. BIDAR-585401. …RESPONDENTS (BY SRI. MANVENDRA REDDY, ADVOCATE FOR R1; SRI. BASAVARAJ P. BIRADAR, ADVOCATE FOR C/R2 AND R3 (IN CP.30769/2021); SRI. GOPALKRISHNA B. YADAV, HCGP FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER A) BY SETTING ASIDE THE DATED 07.07.2021 PASSED IN FILE NO.DCB/CR/28/2021- 22/1822 ANNEXURE-E BY THE RESPONDENT NO.4 AGAINST THE PETITIONER. B) BY SETTING ASIDE SALE NOTICE DATED 20.11.2019 NO.SBI/SARFAESI- ANNEXURE-D ISSUED BY THE RESPONDENT NO.1 BANK AGAINST THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:2828 WP No. 202516 of 2021 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner in the instant writ petition has challenged the proceedings before the Deputy Commissioner and District Magistrate, Bidar District, Bidar, which has been conducted under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’), which is pursuant to an order passed under Section 13(4) of the SARFAESI Act, by the secured creditor. 2. As the petitioner is having alternative and efficacious remedy under Section 17 of the said Act, the writ petition is hereby dismissed reserving liberty to the petitioner to initiate appropriate proceedings in accordance with law. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 43 CT:SI