- 1 - NC: 2025:KHC:18224 WP No. 14191 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14191 OF 2025 (GM-RES) BETWEEN: M/s Satyam Enterprises, Represented by its Proprietor Smt. B V Sreedevi W/o B N Venkatesh Sy.No.39, 40, 41, 43, Opp. Aniganahalli Gate, Kolar Main Road, Bangarpet Kolar District -563114 …Petitioner (BY Sri Chandrashekar L., Advocate) AND: Canara Bank (Syndicate), Regional Office at Ward No. 24, Keelukote Extension, Anthargange Main Road, Kolar Town 563101, By its Authorized Officer. …Respondent This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the entire proceedings initiated by the respondent as per the notice dated 20.03.2025 vide No.561/GVP/DN/485/261/5223 under Section 13(2) of SARFAESI Act, produced at Annexure-A, insofar as petitioner is concerned and etc., This Writ Petition, coming on for preliminary hearing, this day, order was made therein as under: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18224 WP No. 14191 of 2025 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner who is a borrower and an entity registered under the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 is before this court being aggrieved by the issuance of notice by the respondent/Bank under Section 13(2) of the SARFAESI Act as per Annexure-A. 2. The counsel for the petitioner reiterating the averments and grounds urged in the memorandum of writ petition submits that the petitioner is a MSMED Enterprise. That the Reserve Bank of India has issued instructions/notification on 17.03.2016 for the purpose of framework and rehabilitation of MSMED units and without following the procedure laid down under the said instructions, the respondent -Bank cannot proceed to initiate action under the provisions of SARFAESI Act. He relies upon the judgment of the Supreme Court in the case of M/s Pro Knits v. Board of Directors of Canara Bank and Ors. [(2024) 8 SCR 140]. 3. It is settled position of law that any party aggrieved by any action taken under Section 13 of the SARFAESI Act is - 3 - NC: 2025:KHC:18224 WP No. 14191 of 2025 entitled to challenge the same under Section 17 of the SARFAESI Act with all available factual and legal grounds. No provision is brought to the notice of this Court by the counsel for the petitioner disabling the petitioner to seek redressal of the grievance under Section 17 of the SARFAESI Act including the grounds sought to be urged in this writ petition. 4. In that view of the matter reserving liberty to the petitioner to seek redressal of his grievance under Section 17 of the SARFAESI Act by raising all contentions that are urged in this writ petition, the present petition is disposed of. 5. It is made clear that the respondent-Bank shall not precipitate the matter for a period of 30 days enabling the petitioner to file appropriate application before the appropriate forum as directed herein above. SD/- (M.G.S. KAMAL) JUDGE KMV List No.: 1 Sl No.: 175