- 1 - HC-KAR NC: 2025:KHC:32852 WP No. 25663 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25663 OF 2025 (GM-RES) BETWEEN: M/S MAURTHI SLAB AND TILES BY ITS PROPRIETOR MADHUSUDHAN S/O ASHWATHAPPA AGED ABOUT 34 YEARS R/AT S S T NO. 1925, THONDEBHAVI VILLAGE ALLIPURA CROSS ROAD THONDEBHAVI GOWRIBIDANUR CHIKKABALALPURA DISTRICT 562102 ALSO AT NO. 1061/3 TEACHER COLONY OPP SSS HIGH SCHOOL NEAR THONDEBHAVAI RAILWAY STATION THONDEBHAVI GOWRIBIDANUR CHIKKABALLAPURA DISTRICT 562102. …PETITIONER (BY SRI. HANUMANTHAPPA B.HARAVI GOWDAR, ADVOCATE) AND: 1. THE KARUR VYSYA BANK LTD BY ITS CHIEF MANAGER/ AUTHORIZED OFFICER ASSET RECOVERY BRANCH DIVISIONAL OFFICE BUILDING Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32852 WP No. 25663 of 2025 NO.6, SRI VASAVI TEMPLE ROAD NEAR SAJJAN RAO CIRCLE V V PURAM, BENGALURU 560 004. 2. THE TARUR VYSYA BANK LTD BY ITS AUTHORIZED OFFICER DIVISONAL OFFICE BUILDING NO.6, SRI VASAVI TEMPLE ROAD NEAR SAJJAN RAO CIRCLE VV PURAM, BENGALURU 560 004. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING OF STATUTORY NOTICE FOR SALE ISSUED BY THE 1ST RESPORIDENT DATED 13-08-2025 ISSUED UNDER SECURITY INTEREST (ENFORCEMENT) RULES 2002 VIDE ANNEXURE-F NO NILL ONLY PETITIONER IS CONCERNED; II. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO RESTORE POSSESSION OF THE HOUSE PROPERTY WITH IMMEDIATE EFFECT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:32852 WP No. 25663 of 2025 ORAL ORDER The petitioner, a borrower-in-default, is aggrieved by the proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, the 'SARFAESI Act']. Sri Hanumanthappa B Haravigowdar, the learned counsel for the petitioner, apart from citing personal reasons of the petitioner - a proprietor, submits that the auction is contrary to law and therefore this Court must intervene to grant protection subject to deposit of 10-20% of the amount in due. This Court must observe that no exceptional circumstances are made out for this Court to exercise jurisdiction under Article 226 of the Constitution of India when the petitioner has alternative remedy. - 4 - HC-KAR NC: 2025:KHC:32852 WP No. 25663 of 2025 Therefore, subject to all just exceptions, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE NV