- 1 - HC-KAR NC: 2025:KHC-D:7367 WP No. 103385 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103385 OF 2025 (GM-RES) BETWEEN: VITTAL S/O. FAKKIRAPPA KAMMAR, AGE: 43 YEARS, OCC: CARPENTER WORK, R/O. FLAT NO.T-6, 3RD FLOOR, LAXMI PARK, DEFENCE COLONY, GANESHPUR MAIN ROAD, BELAGAVI-591108, REPRESENTED BY GPA HOLDER, SMT. PAVITRA W/O. VITHAL @ VITTHAL KAMMAR, AGE: 41 YEARS, OCC: HOUSEHOLD, R/O. FLAT 38, RS NO.191/3, DEFENCE COLONY, GANESHPUR MAIN ROAD, HINDALAGA, BELAGAVI-591108. …PETITIONER (BY SRI. A.M. MALIPATIL, ADVOCATE) AND: CHIEF MANAGER/AUTHORIZED OFFICER, STATE BANK OF INDIA, RASMECC, 3RD FLOOR, RAMESH PRIDE, CONGRESS ROAD, TILAKWADI, BELAGAVI-590006. …RESPONDENT (BY SMT. G.B. SHREEDEVI AND SMT. SHARMILA M. PATIL, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 29-04-2025 AND 17-05- 2025 PRODUCED AT ANNEXURES-M AND N RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7367 WP No. 103385 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) This petition is filed by the petitioner seeking the writ of mandamus for direction to the respondent to consider the representations dated 29.04.2025 and 17.05.2025. 2. The petitioner intended to purchase a residential flat in Belagavi and he approached the respondent/State Bank of India for credit facility. The respondent/Bank gladly accepted and after verifying documents has sanctioned the housing loan of ₹27,18,700/- for purchase of a flat on an equated monthly instalment of ₹21,209/- commencing from 28.04.2024 for a tenure of 28 years. While availing the loan, the very same property was mortgaged to the respondent/Bank by deposit of title deeds as security purpose. 3. The petitioner was working as a Carpenter in Saudi Arabia, due to the sudden ill-health, petitioner could not continue his service and had to come back home India for more than 7 to 8 months. Hence, he was unable to pay the monthly instalments of housing loan to the responded/Bank. After recovery from his ill-health, he secured Visa and went to the - 3 - HC-KAR NC: 2025:KHC-D:7367 WP No. 103385 of 2025 Saudi Arabia once again. This being the state of affairs, on 04.11.2024 the responded/Bank got issued a possession notice under Rule 8(1) for taking possession. Thereafter, despite the petitioner giving a reply to the notice issued by the Bank to grant sometime, the Bank filed Criminal Miscellaneous Petition No.62/2025 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, SARFAESI Act’). 4. It is the contention of learned counsel for the petitioner that petitioner approached the respondent/Bank to condone the delay for non-payment of the monthly instalments and regularise the account which was declared as ‘Non-performing Assets’ (for short ‘NPA’). The same was not considered and the bank has taken physical possession of the property. The petitioner has been now evicted from the house mercilessly. Hence, the petitioner seeks the Bank to consider his request and representations made by him and he would continue to pay the monthly equated instalments and his request and representations be considered by showing leniency and so also the avocation and trade of the petitioner in a sympathetic - 4 - HC-KAR NC: 2025:KHC-D:7367 WP No. 103385 of 2025 manner and so also consider that he was jobless during his ill- health, when he came back from Saudi Arabia to India. Hence, the present petition. 5. Per Contra, the learned counsel for respondent/Bank Smt. G.B.Shreedevi along with learned counsel Smt.Sharmila Patil vehemently contend that in view of the petitioner having defaulted, the Bank has proceeded invoking the provisions of the SARFAESI Act in accordance with law. The petitioner has not approached the Bank for any kind of settlement or continuing the payment of monthly equated instalments. Despite notice being issued, there was no response, hence the loan account of the petitioner was declared as NPA and initiated proceedings as per the law. It is also contended by learned counsel that as of now the possession of the house has been taken, nothing much survives in this case. They also further contends that the present petition is not maintainable and petitioner will have to approach the appropriate forum to seek redressal as alternative efficacious remedy available in the law. Hence, they seek for dismissal of this petition. - 5 - HC-KAR NC: 2025:KHC-D:7367 WP No. 103385 of 2025 6. I have heard the learned counsels for the petitioner and respondent/Bank. 7. The present petition is filed for seeking writ of mandamus to consider the representations of the petitioner. Learned counsel relies upon the judgment of a coordinate bench of this Court in Writ Petition No.100369 of 2025 (GM- RES) in support of his case. In the present case, the petitioner admittedly is a Carpenter was working in Saudi Arabia fell sick and due to his ill-health he was unable to pay the monthly equated instalments, due to which, his account is termed as ‘NPA’. The Bank proceeded further invoking the provisions of SARFAESI Act. In several cases, this Court was not inclined and never indulged in entertaining the petition. When the SARFAESI Act has been put in place by the respondent/Bank for recovery of the amount, so also when there is an alternate efficacious remedy, this Court is not inclined to interfere with such orders, petitioner to approach the alternative forum to redress his grievance. Considering the peculiar facts and circumstances of the present case, though this Court is not inclined to deal with the merits of the matter however this Court deems it - 6 - HC-KAR NC: 2025:KHC-D:7367 WP No. 103385 of 2025 appropriate to direct the Bank to consider the representations of the petitioner dated 29.04.2025 and 17.05.2025 and deal with the representations leniently by taking a sympathetic view, considering the ill-health of the petitioner so also the avocation of the petitioner being a Carpenter and pass suitable orders. Under the circumstances, I pass the following : ORDER (i) This petition is disposed. (ii) Writ of mandamus is issued directing respondent/Bank to consider the representations dated 29.04.2025 and 17.05.2025 and pass suitable orders taking a sympathetic view. (iii) The petitioner shall approach the respondent/Bank within two weeks from today. (iv) The representations so filed shall be considered and treated any other submission of the petitioner can also be made along with any payments accepted by the Bank. (v) The respondent/Bank shall not precipitate the matter by taking any further coercive steps with regard to auction of the property for a period of 3 - 7 - HC-KAR NC: 2025:KHC-D:7367 WP No. 103385 of 2025 weeks from the date of receipt of copy of this order. (vi) It is made clear that if the petitioner does not approach the Bank within time stipulated hereinabove, the respondent/Bank would be at liberty to pass suitable orders against the petitioner and deal with the matter in accordance with law. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 49