- 1 - HC-KAR NC: 2025:KHC:48168 WP No. 32962 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO.32962 OF 2025 (GM-DRT) BETWEEN: 1. Y GANGARAJU S/O YELLAPPA, AGED ABOUT 50 YEARS, BORROWER. 2. SMT. LAKSHMAMMA @ LAKSHMI.H W/O Y.GANGARAJU, AGED ABOUT 40 YEARS, CO-BORROWER BOTH ARE RESIDING AT HURLAGURKI, VENKATAGIRIKOTE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT – 562 110. …PETITIONERS (BY SRI. ABUBACKER SHAFI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF FINANCE, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA BENGALURU - 560 001. Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48168 WP No. 32962 of 2025 2. HOME FIRST FINANCE COMPANY INDIA LTD, A PUBLIC COMPANY, INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED BRANCH OFFICE AT NO.11, 2ND FLOOR, KRISHNA REDDY LAYOUT, RAMAMURTHY NAGAR MAIN ROAD, ABOVE AXIS BANK, BENGALURU – 560 016 REPRESENTED BY ITS AUTHORIZED OFFICER, MR. MANOJ VISWANATHAN, M D & CEO. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE ORDER DATED 13.08.2025 PASSED IN CRL. MISC 1145/2025 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNEXURE-F; b) PASS SUCH OTHER ORDER/S OR DIRECTION/S THAT THIS HON’BLE COURT MAY DEEMS FIT TO GRANT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:48168 WP No. 32962 of 2025 ORAL ORDER This writ petition is filed under Articles 226 and 227 of the Constitution of India seeking following relief: "PRAYER WHEREFORE, the petitioners under the circumstances most humbly pray that, this Hon'ble Court may be pleased to (i) Issue a writ in the nature of CERTIORARI by quashing the order dated 13.08.2025 passed in Crl. Misc.No.1145/2025 on the file of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru vide Annexure-F. (ii) Pass such other order/s or Direction/s that this Hon'ble Court may deems fit to grant under the circumstances of the case, in the interest of justice and equity." 2. Learned counsel for the petitioners contends that the petitioners had obtained loan of Rs.19,00,000/- from the respondent with an agreement to repay the same at monthly instalments of Rs.27,246/-. The respondent issued a notice dated 24.02.2025 calling upon the petitioner to repay the apportioned amount. Otherwise, they will initiate proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'). Thereafter, respondent No.2 issued notice under Section 13(2) of SARFAESI Act on 05.03.2025 - 4 - HC-KAR NC: 2025:KHC:48168 WP No. 32962 of 2025 demanding to pay an amount of Rs.21,23,439/- as the loan account was declared as Non-Performing Account. Consequently, another notice was issued under Section 13(4) of the SARFAESI Act dated 07.05.2025. Thereafter, respondent No.2 had filed a petition before the Chief Judicial Magistrate, Bengaluru Rural District at Bengaluru in Crl.Misc.No.1145/2025 on 22.07.2025 and it was allowed on 13.08.2025. 3. The contention of the petitioner is that the property mortgaged is a residential house wherein petitioners are residing along with the members of their family. If respondent No.2 dispossess them from the said property for non-payment of the amount sought in the notice, i.e., around Rs.25,00,000/-, petitioner and members of his family would suffer. Before passing the orders in Crl.Misc.No.1145/2025, the petitioners were not given an opportunity and for this reason, the petitioners prayed to quash the order dated 13.08.2025 passed by the learned Magistrate in Crl.Misc.No.1145/2025. 4. Undisputedly, the petitioners are the borrowers. The SARFAESI Act authorises respondent No.2 to proceed against the security, in the event of default in repayment of the loan - 5 - HC-KAR NC: 2025:KHC:48168 WP No. 32962 of 2025 amount and it may proceed under Section 13 and 14 of SARFAESI Act. If any person including the borrower is aggrieved by such proceeding, shall file petition before Debt Recovery Tribunal under Section 17 of the SARFAESI Act for the remedy. The aggrieved party cannot approach the High Court under Article 226 of the Constitution of India. 5. In the case of United Bank of India Vs. Satyawati Tondon reported in (2010) 8 SCC 110, the Hon'ble Apex Court held that under the extraordinary jurisdiction, the High Court shall not pass an order of stay disturbing the procedures to be followed under the SARFAESI Act. In view of these reasons, the writ petition is not maintainable before this Court. When an efficacious remedy is available to the petitioners before appropriate forum, the petitioner ought to have availed the said forum to redress his grievances. 6. For the aforesaid discussions, I proceed to pass the following: ORDER (i) The Writ Petition is dismissed as not maintainable. - 6 - HC-KAR NC: 2025:KHC:48168 WP No. 32962 of 2025 (ii) Liberty is given to the petitioner to approach the Debt Recovery Tribunal seeking appropriate relief. (iii) In view of the disposal of the writ petition, all pending I.As. stands disposed of. Sd/- (UMESH M ADIGA) JUDGE MEG List No.: 4 Sl No.: 1