- 1 - HC-KAR NC: 2025:KHC-D:14124 WP No. 106528 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 106528 OF 2025 (GM-RES) BETWEEN: MOHAMMED SAYYAD LADJISAB MAGI, AGED ABOUT 50 YEARS, OCC: BUSINESS, R/O: SECTOR NO 44, PLOT NO 28D, NAVANAGAR, BAGALKOTE – 587 103. …PETITIONER (BY SRI. S.A.AKALWADI, ADVOCATE) AND: 1. KARNATAKA GRAMEEN BANK, HEAD OFFICE, BALLARI, BRANCH OFFICE NAVANAGAR BAGALKOTE - 587 103, R/BY ITS AUTHORIZED OFFICER MR. RAJASHEKAR S/O. BIRENDRA PUJARI, AGED 43 YEARS. 2. MOHAMNMEDHAMEED BASHASAB MAGI, AGE: 64 YEARS, OCC: BUSINESS, R/O: SECTOR NO. 44, PLOT NO. 13A, NAVANAGAR, BAGALKOTE – 587 103. 3. MOHAMMEDGOUSE BASHASAB MAGI, AGE: 62 YEARS, OCC: BUSINESS, R/O: SECTOR NO. 44, PLOT NO. 13A, NAVANAGAR, BAGALKOTE – 587 103. 4. BASHASAB LADJISAB MAGI, AGE: 55 YEARS, OCC: BUSINESS, R/O: SECTOR NO. 44, PLOT NO. 13A, NAVANAGAR, BAGALKOTE – 587 103. 5. SRI MOHAMMADHAJI K PITALI, AGE: 50 YEARS, OCC: BUSINESS, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.10.28 15:45:50 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14124 WP No. 106528 of 2025 R/O: SECTOR NO. 44, PLOT NO. 13A, NAVANAGAR, BAGALKOTE – 587 103. 6. SRI CHANDSAB L MAGI AGE: 45 YEARS, OCC: BUSINESS, R/O: SECTOR NO. 44, PLOT NO. 13A, NAVANAGAR, BAGALKOTE – 587 103. 7. SRI ABDULRAZAK L PITALI AGE: 48 YEARS, OCC: BUSINESS, R/O: SECTOR NO. 44, PLOT NO. 13A, NAVANAGAR, BAGALKOTE – 587 103. …RESPONDENTS (BY SRI. GIRISH HULMANI, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY PRL. SENIOR CIVIL JUDGE AND CJM BAGALKOT, AT. BAGALKOT IN CRL. MISC. NO. 83/2025 DATED 07.08.2025 VIDE ANNEXURE-C. ISSUE THE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO. 1 TO CONSIDERED THE REPRESENTATION DATED 04.09.2025 SUBMITTED BY THE PETITIONER, VIDE ANNEXURE-D AND ETC.,. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14124 WP No. 106528 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this court seeking the following prayer: “A. Issue a writ of certiorari quashing the order passed by prl. senior civil judge and CJM Bagalkot, at. Bagalkot in Crl. Misc. No. 83/2025 dated 07.08.2025 vide Annexure-C. B. Issue the Writ of Mandamus directing the respondent no. 1 to considered the representation dated 04.09.2025 submitted by the petitioner, vide Annexure-D. C. Pass such other writ order as direction as deemed fit in the interest of justice and equity.” 2. Heard Sri.Akalwadi, learned counsel for the petitioner and Sri.Girish Hulmani, learned counsel for the respondent No.1. 3. The petitioner is a borrower, and the respondent is the bank. The petitioner had availed a loan of a sum of Rs.92,00,000/- from the respondent bank and has defaulted in repayment. Consequent to the default, the loan account was classified as a Non-Performing Asset (NPA). 4. The respondent bank, invoking its rights under the Securitization and Reconstruction of Financial Assets - 4 - HC-KAR NC: 2025:KHC-D:14124 WP No. 106528 of 2025 and Enforcement of Security Interest Act, 2002 ("SARFAESI Act"), initiated proceedings and filed an application under Section 14 of the Act before the jurisdictional Magistrate, seeking possession of the secured asset. 5. The learned Magistrate, by order dated 07.08.2025, allowed the application and directed the taking over of possession of the petitioner's property. It is this order which is under challenge in the present petition. 6. Learned counsel for the petitioner submits that the petitioner has already deposited a sum of Rs.20,00,000/- towards the outstanding dues and has filed an affidavit of undertaking before this Court, wherein he undertakes to regularly pay the EMIs as well as clear the remaining dues within the time specified therein. 7. Ordinarily, the petition would not be maintainable in light of the proceedings initiated under the SARFAESI Act. However, considering the fact that a substantial amount of Rs.20,00,000/- has already been deposited and taking note - 5 - HC-KAR NC: 2025:KHC-D:14124 WP No. 106528 of 2025 of the undertaking filed by the petitioner, this Court is inclined to entertain the petition solely on this ground. 8. The affidavit of undertaking submitted by the petitioner is taken on record. 9. In the light of the above circumstances, I deem it appropriate to dispose of the petition by quashing the order dated 07.08.2025 passed by the learned Magistrate under Section 14 of the SARFAESI Act. 10. It is, however, made clear that in the event the petitioner breaches any of the conditions stipulated in the affidavit of undertaking, the present order shall cease to have effect, and the order dated 07.08.2025 passed by the learned Magistrate shall stand revived, enabling the respondent bank to proceed in accordance with law. 11. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 1 Sl No.: 46