- 1 - HC-KAR NC: 2025:KHC:19395 WP No. 6314 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6314 OF 2025 (GM-RES) BETWEEN: SRI T.N. VENKATESH, S/O LATE SRI NARASIMHAIAH, AGED ABOUT 57 YEARS, R/AT THIPPENAHALLI, NEAR ANJANEYA TEMPLE, NAGASANDRA POST, YESHWANTHPURA HOBLI, BENGALURU - 560 073. …PETITIONER (BY SRI. SANDESH KUMAR M., ADVOCATE) AND: BANK OF BARODA, DASARAHALLI BRANCH, NO 13/5, 5TH CROSS, ESHWARRAO COMPOUND, 8TH MAIN, T DASARAHALLI, BENGALURU - 560 058. REP BY AUTHORIZED OFFICER / MANAGER SRI RAMESH K S. …RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 PRAYING TO QUASH THE ORDER PASSED IN CRL. MISS. NO.9650/2024 ON 21.02.2025 BY THE XXXI ADDL CHIEF Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19395 WP No. 6314 of 2025 JUDICIAL MAGISTRATE AT BENGALURU CITY ON THE FILE OF THE RESPONDENT UNDER SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 BY FIRST RESPONDENT VIDE ANNEXURE-A. IN SO FOR AS THE PETITIONER IS CONCERNED AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has sought for setting aside of the order passed in Crl.Misc.No.9650/2024 at Annexure-A, insofar as it relates to taking over of physical possession. Insofar as such order is concerned, learned counsel for the respondent submits that necessary substantive remedy under Section 17 of the SARFAESI Act is available to challenge such order of the Magistrate passed under Section 14. 2. Learned counsel for the petitioner asserts that he has demonstrated his bonafides by adhering to the order of - 3 - HC-KAR NC: 2025:KHC:19395 WP No. 6314 of 2025 the Court dated 05.03.2025. It is the further submission of the petitioner that they would ensure that the liability is cleared by taking appropriate steps. 3. While accepting the submission of learned counsel for the respondent that, the Court ought not to intervene in such matters where statutory scheme provides for an alternative remedy. It would be appropriate to relegate the petitioner to avail remedy as is available under Section 17 of the SARFAESI Act. 4. All contentions of the petitioner are kept open. 5. Needless to state that if the petitioner were to make a proposal to clear the entirety of liability, Bank is to examine the same as is permissible within their discretion and law. 6. In light of relegation of the petitioner to avail of substantive remedy and noticing compliance to the interim order dated 05.03.2025, respondent - Bank is directed - 4 - HC-KAR NC: 2025:KHC:19395 WP No. 6314 of 2025 not to take any precipitative steps for a period of six weeks. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 11