- 1 - HC-KAR NC: 2025:KHC:28983 WP No. 22181 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22181 OF 2025 (GM-RES) BETWEEN: 1. M/S SRI DURGA AGRO INDUSTRIES REP BY ITS PROPRIETOR, MR RAKSHITH KUMAR AGED ABOUT 30 YEARS HAVING ITS PLACE OF BUSINESS AT 246-1, ULLOOR SCHOOL ROAD, KUDRUKODLU NAVUNDA, BAINDOOR TALUK, UDUPI DISTRICT. 2. MR RAKSHITH KUMAR S/O MR SHANKAR MADIVAL AGED ABOUT 30 YEARS RESIDING AT NEAR FOREST GUARD SHED, ULLUR ROAD, KUDRUKOD NAVUNDA VILLAGE, BAINDOOR TALUK, UDUPI DISTRICT 576224. 3. MR SHANKAR MADIVAL @ SHANKAR H S/O MR ANANTHA MADIVALA AGED ABOUT 70 YEARS RESIDING AT SY NO 200/2, NAVUNDA VILLAGE, BYNDOOR TALUK, UDUPI DISTRICT …PETITIONERS (BY SRI. BHARATH K.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28983 WP No. 22181 of 2025 AND: M/S CANARA BANK A BODY CORPORATE CONSTITUTED UNDER THE PROVISIONS OF BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT 1970, HAVING ITS HEAD OFFICE AT NO 112, J C ROAD, BENGALURU 560002 HAVING ITS BRANCH OFFICE AT CANARA BANK, MANIPAL BRANCH, P B NO 13, MANIPAL, UDUPI TALUK AND DISTRICT, 576104, REPRESENTED BY ITS DIVISIONAL MANAGER, MR K P HEMANTH KUMAR. …RESPONDENT (BY SRI.HEMANTH RAO., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDERS PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, UDUPI, IN CRL.MISC. NO. 38/2025 AS PER ANNEXURE-A AND CONSEQUENTIALLY SET ASIDE THE VACATION NOTICE DATED 10.06.2025 REF. NO. ARM/7280/146/2024-2025 AS PER ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:28983 WP No. 22181 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the order dated 06.03.2025 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, the 'SARFAESI Act']. Sri Bharath K, the learned counsel for the petitioners, submits that the total outstanding would be in a sum of Rs.67,51,398/- and the petitioners are willing to pay the amount that is required to regularize the loan and therefore, this Court must grant interim protection. This Court must opine that if the petitioners propose to regularize the loan in the teeth of the impugned order, they must approach the respondent; and alternatively, if they propose to call in question the aforesaid order, they must avail remedy available under the statute as canvassed by Sri Hemant Rao, the learned counsel for the respondent. - 4 - HC-KAR NC: 2025:KHC:28983 WP No. 22181 of 2025 As such there is reason for interference, and the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV