- 1 - HC-KAR NC: 2025:KHC:46114 WP No. 14438 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 14438 OF 2024 (GM-DRT) BETWEEN: 1. SMT. ANUSHA S W/O SANTHOSH NAIK K B, AGED ABOUT 28 YEARS, 2. MR. SANTHOSH NAIK K B S/O BHIMA NAIK AGED ABOUT 35 YEARS, 3. MR. BHEEMA NAIK D S/O MR. DOUJA NAIK, AGED ABOUT 63 YEARS, 4. SMT. SUSHEELA BAI E W/O MR. BHEEMA NAIK AGED ABOUT 52 YEARS, ALL ARE RESIDING AT: NO.64, PID NO.152400500800200267 KUSKURU VILLAGE, MATTURU, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46114 WP No. 14438 of 2024 SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT -577203. …PETITIONERS (BY SRI. SAMEER S. N., ADVOCATE) AND: M/S. MANAPPURAM HOME FINANCE LIMITED HAVING ITS BRANCH OFFICE AT M Y KRISHNAMURTHY COMPLEX, NO.83, LLR ROAD, BESIDE: SLN RADIO AND ELECTRONICS SHIVAMOGGA -577201 REP. BY ITS AUTHORISED OFFICER CUM BRANCH MANAGER. …RESPONDENT (BY SRI. B S MAHENDRA, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE UNDER SECTION 13(4) OF SARFAESI ACT, DATED 23/03/2024 ISSUED BY THE RESPONDENT MANAPPURAM HOME FINANCE LIMITED AT ANNEXURE-A. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46114 WP No. 14438 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE, it is respectfully prayed that this Hon'ble High court pleased to: a. Quash the impugned possession notice under section 13(4) of SARFAESI Act, dated 23-03- 2024 issued by the respondent-Manappuram Home Finance Limited at Annexure-A. b. Pass any other order as this Hon’ble court deems fit to grant in the facts and circumstances of this case in the ends of Justice and equity.” 2. It is stated that the petitioners are the owners of the property in Sy.No.65, Kuskuru village, Matturu, Shivamogga. They have mortgaged the schedule property and obtained the loan of an amount of Rs.7,07,817/-. It is stated that the petitioners were regular in making payments, but the bank had treated the account as NPA and issued notice under Section 13(2) of the SARFAESI Act which was not served on the petitioners. With the possession notice under Section 13(4) of the SARFAESI Act dated 23.03.2024 took the symbolic possession of the property without following the procedure as required under the provisions of the Act. It is submitted that the bank had also approached the CJM at Shivamogga and - 4 - HC-KAR NC: 2025:KHC:46114 WP No. 14438 of 2024 obtained an order under Section 14 of the SARFAESI Act on 19.04.2024. Hence, the petitioners have come before this Court. 3. Having heard the learned counsels on either side, perused the material on record. The only ground that is urged is bank has not followed the procedure while taking possession under Section 13(4) of the SARFAESI Act and it is the only property. The Co-ordinate Bench of this Court on 07.06.2024, had granted the stay subject to depositing an amount of Rs.1,00,000/- on or before 18.07.2024. Learned counsel for the petitioners submits that the amount is paid. When this matter came upon 04.11.2025, this Court had passed an order observing that the learned counsel for the petitioners submits that he had paid the amount as per interim order and according to him he has paid the total amount of an amount of Rs.3,25,000/- and the outstanding amount is Rs.7,50,000/-. According to the learned counsel for the respondent/bank, the outstanding amount is Rs.9,50,000/-. This Court had directed the respondent/bank to furnish the details of outstanding amount to be paid to the learned counsel for the petitioners and by the next date of hearing, the petitioners shall file an - 5 - HC-KAR NC: 2025:KHC:46114 WP No. 14438 of 2024 undertaking with regard to the time frame, when he is going to pay the outstanding amount. If no such affidavit is filed by the next date of hearing, the matter would be heard on the merits of it. Today, no such affidavit is filed before this Court. The petitioners have not raised any ground seeking the interference of this Court with the proceedings initiated under the SARFAESI Act exercising jurisdiction under Article 226 of the Constitution of India. When already an order is passed under Section 14 of the SARFAESI Act and the petitioners are aggrieved by the same, they are at liberty to approach the Debt Recovery Tribunal and the present writ petition is not maintainable. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed by giving liberty to the petitioners to approach the Debt Recovery Tribunal in accordance with law. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN/CT:bms/List No.: 1 Sl No.: 20