- 1 - HC-KAR NC: 2025:KHC:19049 WP No. 15430 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15430 OF 2025 (GM-RES) BETWEEN: MR. MOHANDAS SHETTY S/O LATE SHIVAPPA SHETTY, AGED ABOUT 57 YEARS, R/AT DOOR NO. 3W-30, 2420/40, F4, UJWAL APARTMENT, KADRI ROAD, MANGALORE - 575 004. …PETITIONER (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE) AND: 1. UNION BANK OF INDIA ERSTWHILE ANDHRA BANK, REGISTERED UNDER BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDER TAKING) ACT, 1970 HAVING ITS BRANCH OFFICE AT PADAVU MAROLI BRANCH, RAMAKRISHNA COMPLEX, KULSHEKAR-KAIKAMBA, DAKSHINA KANNADA DISTRICT - 575 005. REPRESENTED BY ITS AUTHORISED OFFICER. 2. M/S. ANSH CONSTRUCTION, 3W-30, 2420/40 F4, UJWAL APARTMENT, KADRI ROAD, MANGALORE - 575 004 REPRESENTED BY ITS PROPRIETOR SRI. MOHANDAS SHETTY I.E. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19049 WP No. 15430 of 2025 THE PETITIONER HEREIN 3. MRS. JAYASHREE M. SHETTY W/O MOHANDAS SHETTY, AGED ABOUT 54 YEARS, R/AT DOOR NO. 3W-30, 2420/40, F4, UJWAL APARTMENT, KADRI ROAD, MANGALORE - 575 004. …RESPONDENTS (BY SRI. DIVYA PURANDAR., ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO-QUASH THE NOTICE FOR VACATION DATED 21-05-2025 OF THE WRIT SCHEDULE PROPERTY ISSUED BY THE RESPONDENT NO.01 DIRECTING THE PETITIONER AND RESPONDENT NO.03 TO HANDOVER THE VACANT POSSESSION OF THE WRIT SCHEDULE PROPERTY WITHIN 7 DAYS FROM THE DATE OF NOTICE VIDE ANNEXURE- A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has sought to set aside the notice for vacation dated 21.05.2025 of the writ scheduled property issued by respondent No.1. As against such notice, it is pointed out by the learned counsel for the respondent - 3 - HC-KAR NC: 2025:KHC:19049 WP No. 15430 of 2025 Bank that substantive remedy under Section 17 of the SARFAESI Act is available. 2. The said submission requires acceptance in light of the statutory scheme and remedy available to challenge the impugned order. The writ petition does not require to be entertained. The Apex Court has repeatedly observed that the Court should be conservative in intervening in matters where the statutory scheme under the SARFAESI Act provides for a substantive remedy. No exceptional circumstance is made out to entertain the writ by ignoring the statutory remedies. 3. Accordingly, the present petition is disposed off without adjudicating on the merits of the matter while reserving liberty to the petitioner to challenge the impugned notice before the appropriate Authority as per law. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 26