- 1 - HC-KAR NC: 2025:KHC:27647 WP No. 20957 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 20957 OF 2025 (GM-RES) BETWEEN: 1. SHREYA DIGITAL COLOUR LAB HAVING IT'S PLACE OF BUSINESS AT SPATIKA PLAZA, KUCHOOR ROAD, HEBRI, HEBRI TALUK, UDUPI DIST-576 112 REPRESENTED BY ITS PROPRIETOR, MR. VIJAYA HEGDE, S/O SHEENA HEGDE, AGED ABOUT 42 YEARS R/AT BALEBBI HOUSE, SEETHANADI POST, NADPAL, HEBRI HEBRI TALUK UDUPI DISTRICT-576 112 … PETITIONER (BY SRI. VISHWAS., ADVOCATE) AND: 1. M/S BANK OF BARODA (FORMERLY VIJAYA BANK) HAVING ITS REGISTERED OFFICE AT BARODA BHAVAN, R C DUTT ROAD, ALAKAPURI, BARODA-390 007, Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27647 WP No. 20957 of 2025 REPRESENTED BY ITS AUTHORIZED OFFICER ALSO HAVING ITS BRANCH OFFICE AT M/S BANK OF BARODA, HEBRI BRANCH, KUCHOOR ROAD, HEBRI, HEBRI TALUK, UDUPI DISTRICT-576 112 REPRESENTED BY ITS CHIEF MANAGER MR. MALLIKARJUNA CHANNAPPA BILGUNDI … RESPONDENT (BY SRI. VIGNESH SHETTY, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-DIRECTING THE RESPONDENT BANK NOT TO TAKE OVER POSSESSION OF THE PROPERTIES MORTGAGED BY THE PETITIONER, PENDING DISPOSAL OF THE WRIT PETITION AND GRANT SOME REASONABLE TIME TO PAY THE OUTSTANDING BALANCE AND ETC. THIS PETITION COMING ON FOR FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER It is noticed that the petitioner has challenged the pre takeover notice issued pursuant to the order of the Magistrate passed under Section 14 of the SARFAESI Act, copy of which is produced at Annexure-B. - 3 - HC-KAR NC: 2025:KHC:27647 WP No. 20957 of 2025 2. Learned counsel for the petitioner submits that petitioner would clear the dues if reasonable time is granted. Certain other contentions have been raised. 3. Learned counsel for the respondent - Bank draws the attention to the order at Annexure-C passed in W.P.No. 24650/2023 and submits that the order passed in writ petition was in the context of challenge to the order in Crl. Misc. No.10/2023 and once the petition was disposed off on certain conditions, without setting aside the said order, the present petition challenging the notice issued pursuant to such order is not maintainable. 4. Perused the order in W.P.No.24650/2023. This Court had directed the petitioner to clear dues in terms of the observations at Para Nos. 4(i) to (iii). Admittedly, the said direction has not been adhered to. 5. In light of the order of the Magistrate under Section 14 of the SARFAESI Act, not having been disturbed, the present proceedings is only as regards - 4 - HC-KAR NC: 2025:KHC:27647 WP No. 20957 of 2025 consequential action. Even otherwise, if at all the petitioner has any grievance against the pre takeover notice, petitioner is at liberty to take appropriate proceedings before the DRT under Section 17 of the SARFAESI Act in light of the law laid down in the case of United Bank of India v. Satyawati Tondon and Others - (2010) 8 SCC 110. Respondent - Bank not to take any precipitative steps for a period of 2 weeks from today. 6. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP