- 1 - HC-KAR NC: 2025:KHC:27772 WP No. 12148 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 12148 OF 2025 (GM-RES) BETWEEN: 1. M/S SNEHA CONSTRUCTIONS, A PROPRIETARY CONCERN OF SRI.N. VENKATESWARAN, AGED ABOUT 65 YEARS, S/O LATE SRI.N.S.R.K.SHARMA, HAVING ITS OFFICE AT NO.651, 7TH MAIN ROAD, 11TH CROSS, II STAGE, N.S. PALYA, MICO LAYOUT, BANGALORE -560076. (SENIOR CITIZEN NOT CLAIMED) 2. SMT. N. VIJAYA PADMA, AGED ABOUT 63 YEARS, W/O SRI.N.VENKATESWARAN, RESIDING AT 651, 7TH MAIN ROAD, 11TH CROSS, II STAGE, N.S. PALYA, MICO LAYOUT, BANGALORE -560 076. (SENIOR CITIZEN NOT CLAIMED) 3. SMT. SNEHA NARUMANCHI, AGED ABOUT 28 YEARS, D/O SRI.N.VENKATESWARAN, RESIDING AT NO.651, 7TH MAIN ROAD, 11TH CROSS, II STAGE, N.S. PALYA, MICO LAYOUT, BANGALORE -560 076. …PETITIONERS (BY SRI. ASHWIN S HALADY., ADVOCATE) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27772 WP No. 12148 of 2025 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, MINISTRY OF FINANCE, VIKASA SOUDHA, BANGALORE-560 001. 2. THE RESERVE BANK OF INDIA, NRUPATHUNGA ROAD, BANGALORE -560 001. REPT.BY. MANAGER. 3. BANK OF MAHARASHTRA, HAVING ITS ZONAL OFFICE AT 15, POLICE STATION ROAD, BASAVANAGUDI, BANGALORE -560004, REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SMT. DIVYA PURANDAR, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09/11/2023 IN CRL. MISC 6503/2023 (ANNEXURE-K) PASSED BY THE LEARNED VI ACMM AT BANGALORE, UNDER SEC 14 OF THE SARFAESI ACT, 2002 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27772 WP No. 12148 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question an order dated 09.11.2023 passed by the learned Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2. Heard Sri.Ashwin S Halady, learned counsel appearing for the petitioners, Sri.Spoorthy Hegde N., learned High Court Government Pleader appearing for respondent No.1, Smt.Divya Purandar, learned counsel appearing for respondent No.3 and have perused the material on record. 3. Owing to the submission made by the learned counsel for the petitioners, plethora of orders were passed by this Court, a clarification of which is sought and the petition is back to this Court. - 4 - HC-KAR NC: 2025:KHC:27772 WP No. 12148 of 2025 4. This Court on 22.04.2025 had passed the following order: "Learned Additional Government Advocate is directed to accept notice for respondent No.1. Issue emergent notice to respondent No.2. Smt. Divya Purandar, learned counsel is directed to accept notice for respondent No.3. There shall be an interim order of stay as prayed for subject to the petitioners depositing 20% of the amount in due to the Bank within 8 weeks from today, in the following manner: a. The first chunk of 10% shall be deposited within four weeks from today; and b. The second chunk of 10% shall be deposited within four weeks on completion of four weeks aforementioned; c. Any deviation in paying the aforesaid amount within the time line as stipulated hereinabove, even of the first instance, would result automatic vacation of the interim order and would also run the risk of dismissal of the petition itself. d. In the event the petitioners would not comply with the interim order, the Bank is at liberty to take possession of the property and take the proceedings to its logical conclusion." 5. Learned counsel for the respondent-bank submits that not a rupee has been paid pursuant to the order dated 22.04.2025. Even otherwise, the petition which calls in question proceedings instituted by the respondent-bank under the SARFAESI Act, cannot be entertained at the hands of this Court under Article 226 of the Constitution of India. In the event it is - 5 - HC-KAR NC: 2025:KHC:27772 WP No. 12148 of 2025 entertained, it would run foul of the order dated 15.07.2025 of the Apex Court in SLP (CIVIL) Diary No.7979/2025 between LIC HOUSING FINANCE LTD vs. NAGSON AND COMPANY & ORS. 6. In that light, leaving open the remedy that is available to the petitioners of knocking at the doors of the appropriate Fora, the petition stands disposed. In view of disposal of Writ Petition, all pending I.As also stand disposed. SD/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 102