- 1 - NC: 2025:KHC:9005 WP No. 28877 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28877 OF 2024 (GM-RES) BETWEEN: 1. SRI. KARIAPPA AGED 53 YEARS, SON OF BALIYADA SOMAPPA, RESIDING AT NO.17, SECOND CROSS, JUDICIAL OFFICERS LAYOUT, RMV SECOND STAGE, NEAR ISRO, SANJAY NAGAR, BENGALURU-560 074. 2. SMT. B.K. YASHODA AGED 49 YEARS, WIFE OF B.S. KARIAPPA, RESIDING AT NO.17, SECOND CROSS, JUDICIAL OFFICERS LAYOUT, RMV SECOND STAGE, NEAR ISRO, SANJAY NAGAR, BENGALURU-560 074. …PETITIONERS (BY SRI. VENKATRAMANA M K., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9005 WP No. 28877 of 2024 AND: THE AUTHORIZED OFFICER UNION BANK OF INDIA, ASSET RECOVERY BRANCH, (BENGALURU NORTH) NO.1234, FIRST FLOOR, 4TH MAIN, OPPOSITE CHANDRA LAYOUT BUS STOP, CHANDRA LAYOUT, BENGALURU-560 040 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE VIDE REFERENCE NO. ARB/403/PN13/2024-25 DATED 28.08.2024 BY THE RESPONDENT BANK INVOKING SECTION 13(4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSESTS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002, READ WITH RULE 8 OF TH ACT VIDE ANNEXURE- A ISSUED BY THE RESPONDENT BANK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9005 WP No. 28877 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel for the petitioners though has questioned the merit of issuance of notice under 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, would accept that the remedy lies to approach the Debt Recovery Tribunal in appropriate proceedings. 2. Reserving such liberty, the petition stands disposed. All contentions remain open. Sd/- ______________________ JUSTICE M.NAGAPRASANNA KG List No.: 1 Sl No.: 61