- 1 - NC: 2025:KHC:2149 WP No. 16293 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. 16293 OF 2024 (GM-RES) BETWEEN: SRI. S. MADEGOWDA S/O LATE SANNAMADEGOWDA, AGED ABOUT 65 YEARS, R/A NO.142, 'MUDALAMANE, 4TH MAIN, 'N' BLOCK, KUVEMPUNAGAR, CHAMARAJA MOHALLA, MYSURU-570 023. …PETITIONER (BY SRI. V RAJAIAH., ADVOCATE) AND: INDIABULLS COMMERCIAL CREDIT LIMITED REP. BY ITS AUTHORIZED OFFICER, PLOT NO.11/11-A, 1ST FLOOR, ANAND ARCADET, VISWAMANAVA DOUBLE ROAD, SARASWATHIPURAM, MYSURU-570009. …RESPONDENT (BY SRI. FRANCIS XAVIER., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE / LETTER DATED 23/05/2024, CALLING UPON/DIRECT THE PETITIONER TO PAY A SUM OF RS.1,53,19,528.94 PAISE, VIDE ANNEXURE-E AND GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO THE NOTICE/LETTER DATED 23/05/2024 ISSUED BY THE RESPONDENT BANK CALLING UPON THE PETITIONER TO PAY A SUM OF RS.1,53,19,528.94 PAISE, WHICH IS ALLEGED TO BE DUE FROM THE PETITIONER VIDE ANNEXURE-E AND ETC. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2149 WP No. 16293 of 2024 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 submits that the measures were initiated by the respondent against the petitioner-Borrower by issuing Notices under Section 13(2) and 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short, SARFAESI Act), 2002 on 21.11.2022. Thereafter, the respondent has filed a petition before the jurisdictional Magistrate invoking Section 14 of the SERFAISI Act, seeking an order to take possession of the secured assets of the petitioner. Despite, the notices being received by the petitioner issued under Section 13(2) and 13(4), no objections have been raised by the petitioner, therefore, this writ petition can not be permitted to be maintained at the hands of the petitioner. - 3 - NC: 2025:KHC:2149 WP No. 16293 of 2024 2. Upholding the objections raised at the hands of the respondent, the writ petition stands dismissed while reserving liberty to the petitioner to approach the Debts Recovery Tribunal to redress his grievances. Sd/- (R DEVDAS) JUDGE DL CT: JL