- 1 - HC-KAR NC: 2025:KHC:41194 WP No. 30634 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 30634 OF 2025 (GM-DRT) BETWEEN: SMT. GIRIJAMMA W/O. LATE R.C.GOWDA, AGED ABOUT 62 YEARS, R/AT 1ST FLOOR, NO.308, 14TH CROSS, 5TH MAIN ROAD, HIG HOUSE, RMV 2ND STAGE BENGALURU 560 094 …PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: 1. M/S. PUNJAB NATIONAL BANK ASSET RECOVERY MANAGEMENT BRANCH, 26-27, RAHEJA TOWERS, MG ROAD, BENGALURU 560 001. REP. BY ITS CHIEF MANAGER/ AUTHORISED OFFICER ALSO AT M/S. PUNJAB NATIONAL BANK J.P. NAGAR, BRANCH NO.218, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41194 WP No. 30634 of 2025 9TH CROSS, J.P. NAGAR 2ND PHASE, KSRTC LAYOUT, BENGALURU – 560 078 REP. BY ITS CHIEF MANAGER/ AUTHORISED OFFICER 2. SMT. BOBBY R.C., AGED ABOUT 40 YEARS W/O. SRI PRASHANTH, R/AT NO.308, 14TH CROSS, 7TH MAIN ROAD, R.M.V. 2ND STAGE BENGALURU - 560 094 3. SRI. SANTHOSH C.N., S/O. C.N. NEELAKANTAPPA, AGED ABOUT 30 YEARS, HEDDARAVALLI, ANKIHALLI POST, BELUR TALUK, HASSAN DISTRICT - 573 201 …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 19-09-2025 ISSUED UNDER SECTION 13(4) OF THE SARFAESI ACT, 2002 READ WITH RULE 8(6) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, AFFIXED BY THE OFFICIALS OF RESPONDENT NO.1 BANK ON ONE OF THE WALLS OF THE SCHEDULE A PROPERTY, VIDE ANNEXURE-K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:41194 WP No. 30634 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: i. WHEREFORE, the Petitioner most respectfully prays before this Hon'ble High Court that in view of the facts and grounds mentioned above, for the following reliefs: a) Issue a Writ of Certiorari, quashing the Notice dated 19-09-2025 issued under Section 13(4) of the SARFAESI Act, 2002 read with Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, affixed by the officials of Respondent No.1 Bank on one of the walls of the Schedule A Property, vide ANNEXURE - K. b) Issue a Writ of Mandamus, directing Respondent No.3 to repay the outstanding loan amount to Respondent No.1 Bank in accordance with law. c) Issue a Writ of Mandamus, restraining the Respondents from interfering with the Petitioner's peaceful possession and enjoyment of the Schedule B Property, so long as the Lease Agreement dated 24-09-2025 remains in force, vide ANNEXRE-G. d) Grant such other or further orders/directions as this Hon'ble Court may deem fit in the facts and circumstances of the case, including an award of costs, in the interest of justice and equity. 2. Learned counsel for the petitioner submits that the petitioner is living in the said premises from 2010 and the lease is till December, 2026. The borrower is residing in Hassan and borrower is not showing any interest and it is submitted that - 4 - HC-KAR NC: 2025:KHC:41194 WP No. 30634 of 2025 Bank has initiated the proceedings under the SARFAESI Act, 2002 and they are going to put the property to sale. It is submitted that if an order is passed directing the respondent No.1-Bank not to interfere with the possession of the petitioner, she would make arrangement and negotiate with the borrower and see that the amount which is due to the bank is paid. Learned counsel submits that she is residing in the said premises from the long time and it would cause lot of hardship. 3. Having heard the learned counsel for the petitioner, perused the entire material on record. The relief that is sought by the petitioner cannot be granted by this court. The petitioner has no locus to come before this court, neither she is borrower nor a guarantor. An amount of Rs.1.00 crore and odd is outstanding. There are no legal tenable grounds seeks interference of this court in the proceedings that are initiated under the SARFAESI Act, 2002. 4. This court do not find any reasons to interfere with the impugned proceedings initiated by the Bank. - 5 - HC-KAR NC: 2025:KHC:41194 WP No. 30634 of 2025 Accordingly, this court is passing the following: ORDER i. The writ petition is dismissed. ii. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 2 Sl No.: 11