- 1 - HC-KAR NC: 2025:KHC:19489 WP No. 13686 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. 13686 OF 2025 (GM-RES) BETWEEN: 1. MR. IQBAL AHAMED IBRAHIM S/O HAJI AHAMED IBRAHIM AGED ABOUT 55 YEARS NO. 12/59, NISHI BAGH, BAPPANADU, MULKI MANGALORE - 574 154 … PETITIONER (BY SRI. CHITHRA NIRMALA P., ADVOCATE) AND: 1. AUTHORIZED OFFICER M/S MAHALAKSHMI CITY CO-OPERATIVE BANK LTD., ADMINISTRATIVE OFFICE 1ST FLOOR, KALMANJE TOWERS, LBS MARG, AJJARKAD UDUPI - 576 101 … RESPONDENT (BY SRI. VIGNESH SHETTY., ADVOCATE FOR C/R) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE POSSESSION NOTICE DTD 07.04.2025 ISSUED BY THE AUTHORIZED OFFICER, MAHALAKSHMI CO-OPERATIVE BANK LTD, SURATHKAL BRANCH UDUPI VIDE ANNEXURE-E AND ETC. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19489 WP No. 13686 of 2025 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 Petitioner has sought for setting aside the possession notice dated 07.04.2025. 2. It is the case of the petitioner that due to undue hardship and as a result of certain actions of a third party relating to the tender, petitioner is unable to pay the amount. 3. However, learned counsel for the respondents admits that the writ cannot be entertained in light of the substantive remedy provided for under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short 'SARFAESI Act'). 4. Learned counsel for the petitioner submits that 20% of the outstanding amount would be paid within a period of 4 weeks from today. 5. Taking note that the SARFAESI Act contains a statutory scheme and any right of the petitioner must be by - 3 - HC-KAR NC: 2025:KHC:19489 WP No. 13686 of 2025 taking recourse for remedy available under the SARFAESI Act, the petitioner is to invoke the provisions of the Act for appropriate redressal. 6. Accordingly, petition is disposed off without adjudication, leaving it open to the petitioner to have the grievance adjudicated according to the scheme provided for under the SARFAESI Act. In light of the undertaking of the petitioner recorded above, respondent not to take any further precipitative action for a period of 4 weeks from today. All contentions of the petitioner are kept open. Liberty is reserved to the petitioner to take appropriate action against the impugned action in terms of the procedure prescribed under the SARFAESI Act. Sd/- (S SUNIL DUTT YADAV) JUDGE VP