- 1 - HC-KAR NC: 2025:KHC:23216 WP No. 26150 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 26150 OF 2024 (GM-RES) BETWEEN: 1. MANJUNATH N S/O LATE KENCHEGOWDA NINGARAJ, AGED ABOUT 40 YEARS, R/AT NO 22, 60 FEET ROAD BYRAVANAGAR, DUBASIPALYA VILLAGE, VALAGERAHALLI DHAKLE, R V COLLEGE POST, BENGALURU 560059. 2. SATHISHA S/O LATE KENCHEGOWDA NINGARAJ, AGED ABOUT 39 YEARS, R/AT NO 22, 60 FEET ROAD, BYRAVANAGAR, DUBASIPALYA VILLAGE, VALAGERAHALLI DHAKLE, R V COLLEGE POST, BENGALURU 560059. …PETITIONERS (BY SRI. M Y LOKESH., ADVOCATE) AND: 1. INDIAN OVERSEAS BANK ARM BRANCH, NO 10/1, 3RD FLOOR, LAKSHMINARAYANA COMPLEX, PALACE ROAD, VAS NAGAR, BENGALURU 560052 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23216 WP No. 26150 of 2024 REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SRI. M R SHASHIDHAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 20.09.2024 PASSED BY THE VI ADDL. CHIEF JUDICIAL MAGISRATE AT BENGALURU CITY, IN CRL. MISC. NO. 7343/2024 AS PER ANNEXURE-A HOLDING THE SAME IS ILLEGAL. 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 of the order dated 20.09.2024 passed by the VI Additional Chief Judicial Magistrate at Bangalore, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short 'SARFAESI Act'). 2. It is noticed that as against the order passed under Section 14 of the SARFAESI Act, the remedy for the petitioner is under Section 17 of the SARFAESI Act. Accordingly, taking note of the observations made while - 3 - HC-KAR NC: 2025:KHC:23216 WP No. 26150 of 2024 disposing off W.P.No.29739/2024, the present petition is also disposed off. Petitioner is at liberty to take appropriate action as against the order impugned and the respondent - Bank not to take any precipitative steps for a period of three weeks from today. Sd/- (S SUNIL DUTT YADAV) JUDGE VP