- 1 - NC: 2025:KHC:2232 WP No. 10929 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 10929 OF 2024 (GM-RES) BETWEEN: MR. RAVIKUMAR S D S/O MR DEVAIAH, AGED 50 YEARS, PROPRIETOR, M/S AKSHAYA M SANDS AND INDUSTRIES, OCCUPATION BUSINESS, R/A 74/B, 4TH CROSS, 6TH MAIN, KANAKADASA NAGARA, MYSORE 570026 …PETITIONER (BY SRI. CHIKKANNA., ADVOCATE) AND: 1. STATE BANK OF INDIA STRESSES ASSET RECOVERY BRANCH, NO 11/90, 3RD FLOOR, NEAR OLD SHIVAJI THEATRE, JC ROAD, BENGALURU 560002 REPRESENTED BY ITS AUTHORISED OFFICER, EMAIL SBI.05173@SBI.CO.IN 2. MR RANGASWAMY Y M S/O LATE CHIKKAMALLAIAH, 66 YEARS R/AT NO 1930 POLICE LAYOUT, 2ND STAGE, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2232 WP No. 10929 of 2024 SARDHAR VALLABHA BAI PATEL NAGAR, T NARASIPURA ROAD, MYSORE 570028 3. 4. MR PUTTASWAMY S/O SIDDAIAH, REP BY HIS LRS, MRS JAYALAKSHMI, W/O PUTTASWAMY, 55 YEARS R/AT NO 459, 23RD MAIN ROAD, 15TH CROSS, 2ND STAGE, JP NAGARA MYSORE 570008 4. MRS RACHITHA D/O PUTTASWAMY, 22 YEARS R/AT NO 459, 23RD MAIN ROAD, 15TH CROSS, 2ND STAGE, JP NAGARA MYSORE 570008 5. MRS SUSHMITHA D/O PUTTASWAMY, 18 YEARS R/AT NO 459, 23RD MAIN ROAD, 15TH CROSS, 2ND STAGE, JP NAGARA MYSORE 570008 …RESPONDENTS (BY SRI.NANDISH PATIL., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE ALL/ANY MEASURE TAKEN BY THE RESPONDENT BANK UNDER CHAPTER-III OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY - 3 - NC: 2025:KHC:2232 WP No. 10929 of 2024 INTERESTS ACT, 2002 AS PER ANNEXURE-C AND D AND GRANT AN INTERIM ORDER TO STAYING ALL FURTHER PROCEEDINGS INITIATED BY THE RESPONDENT BANK FOR SALE OF SECURED ASSET AS PER DESCRIPTION IN THE SCHEDULE, TILL DISPOSAL OF WP AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the respondent-Bank points out to interim order dated 04.07.2024 which reads as follows: “Learned counsel for the petitioner submits that the petitioner would deposit a sum of Rs.75 Lakhs with the respondent-Bank on or before 27.07.2024. Re-list on 29.07.2024. Subject to the condition that the petitioner would deposit a sum of Rs.75 Lakhs with the respondent-Bank on or before 27.07.2024, there shall be an interim order of stay of the impugned order at Annexures-C dated 14.06.2023 passed in C.Mis.No.152/2022 by the II Additional Senior Civil Judge and CJM, Mysuru, till the next date of hearing. Liberty is reserved in favour of respondents to seek vacation / modification of this order.” - 4 - NC: 2025:KHC:2232 WP No. 10929 of 2024 2. Learned Counsel for the respondent-Bank submits that the said order has not been complied with. Thereafter, nearly ten adjournments have been sought by the petitioner, but directions issued on 04.07.2024 have not been complied with. 3. Having regard to the established position of law as declared by the Hon'ble Supreme Court, when measures have been taken by the secured creditor to recover the amount along with accrued interest under the provisions of The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 and more so, after notice under Section 13(4) is issued, the High Courts should not interfere in such matters. The remedy available for the petitioner is to approach the Debts Recovery Tribunal. 4. Accordingly, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE JT/-