- 1 - HC-KAR NC: 2025:KHC:38959 WP No. 29560 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29560 OF 2025 (GM-RES) BETWEEN: 1. M/S. VISHWAM CRAFTS NO A22(A) MUNICIPAL NO37/01 2ND FLOOR A BLOCK BRIGADE M M YEDIYUR VILLAGE BENGALURU 560082 BY ITS PARTNER 2. MR N G KARTHIK S/ON G GOPINATH AGE ABOUT 46 YEARS 3. MRS DEEPA L W/O N G KARTHIK AGE ABOUT 42 YEARS BOTH ARE R/A NO427 5TH CROSS BEHIND HOLISAINT SCHOOL JAYANAGAR 7TH BLOCK BANASHANKARI II STAGE BENGALURU 560070 …PETITIONERS (BY SRI. KALEEMULLA SHARIFF., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38959 WP No. 29560 of 2025 AND: 1. PUNJAB AND SIND BANK CHICKPET BRANCH NO 670-679 1ST FLOOR S B MARKET REP BY ITS ASST GENERAL MANAGER AUTHORIZED OFFICER 560053 2. M/S SRI MARI BUSINESS CONSULTANTS INDIA PVT LTD NO 210 3RD FLOOR 29TH MAIN BTM 2ND STAGE BENGALURU 560076 BY ITS AUTHORISED OFFICER …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD 09.09.25 PRODUCED AT ANNX-D ISSUED BY THE R1 BY ISSUING A WRIT OF CERTIORARI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:38959 WP No. 29560 of 2025 ORAL ORDER The impugned notice dated 09.09.2025 is for delivery of possession of a secured asset, and it is after the notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act']. The petitioner has not set- forth the details of any representation/objections filed and as contemplated under Section 13(3A) of the SARFAESI Act except for stating that some amount is paid. Mr. Kaleemullah Shariff, the learned counsel for the petitioners, emphasizes that after the receipt of the impugned notice, the first petitioner has filed a representation dated 16.09.2025 [Annexure - E]. This Court must opine that the details of the orders under Section 13(4) of the SARFAESI Act are not brought on record, and that recovery of possession must be after orders under the SARFAESI Act which would enable the petitioners to avail - 4 - HC-KAR NC: 2025:KHC:38959 WP No. 29560 of 2025 remedy under Section 17 thereof. As such, the petition stands disposed of observing that the respondents cannot take possession unless there are orders under 13(4) of the SARFAESI Act and reserving liberty [subject to all just exceptions] to the petitioners to avail remedy under Section 17 of the SARFAESI Act if there are any orders. Sd/- (B M SHYAM PRASAD) JUDGE RB