- 1 - NC: 2025:KHC:1469 WP No. 35426 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO.35426 OF 2024 (GM-RES) BETWEEN: M/S SAMOO ENGINEERING INDIA PRIVATE LIMITED BY ITS DIRECTOR REGD. UNDER COMPANIES ACT 1993 VIJAYSAGAR SHETTY S/O SRI. LATE GANESH AGED 50 YEARS SITE NO.1817, FLAT NO.201 2ND FLOOR, FORTUNA SREENIVASAN 31ST CROSS, 12TH MAIN, BSK 2ND STAGE BANASHANKARI, BANGALORE-560070 …PETITIONER (BY SMT. SANDHYA U PRABHU., ADVOCATE) AND: CANARA BANK REP BY ITS AUTHORIZED OFFICER/MANAGER INFANTRY ROAD II BRANCH NO.91 INFANTRY ROAD, TASKER TOWN, SHIVAJI NAGAR, BANGALORE-560001. …RESPONDENT (BY SMT.SOWBHAGYA N.A., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DTD. 11.11.2024 ISSUED BY Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1469 WP No. 35426 of 2024 RESPONDENT BANK IN RESPECT OF SCHEDULE PROPERTY PRODUCED AT ANNX-E AND GRANT AN INTERIM ORDER TO STAY THE FURTHER PROCEEDINGS OF THE POSSESSION NOTICE DTD. 11.11.2024 ISSUED BY RESPONDENT BANK IN RESPECT OF SCHEDULED PROPERTY PRODUCED AT ANNX-E AND ETC. 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 Smt.Sowbhagya N.A. submits on instructions that the guarantor of the petitioner-Company has already approached the National Company Law Tribunal invoking insolvency proceedings. The petitioner should be directed to approach the Debts Recovery Tribunal for any relief, since the law declared by the Hon'ble Supreme Court is that the High Courts should not interfere in the proceedings initiated by a secured creditor invoking the provisions of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002. Learned - 3 - NC: 2025:KHC:1469 WP No. 35426 of 2024 Counsel would also submit that the outstanding loan amount is more than Rs.10 crores. 2. Although learned Counsel for the petitioner seeks to submit that the petitioner will deposit a sum of Rs.60,00,000/-, this Court is of the considered opinion that no relief can be given to the petitioner, having regard to the law declared by the Hon'ble Supreme Court in the matters of measures taken under the provisions of the SARFAESI Act. 3. The writ petition is accordingly dismissed. Sd/- (R DEVDAS) JUDGE JT/- CT: JL