- 1 - HC-KAR NC: 2025:KHC:34131 WP No. 16098 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 16098 OF 2024 (GM-RES) BETWEEN: 1. SMT. NEELA R W/O MAHESH A AGED ABOUT 41 YEARS 2. SRI MAHESH A S/O ANJANAPPA AGED ABOUT 50 YEARS BOTH ARE R/AT NO 240 4TH CROSS ROAD ABBIGERE CHIKKANAVARA POST YESHWANTHPURA BANGALORE 560092. …PETITIONERS (BY SRI. KIRAN R MALLANNAVAR., ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34131 WP No. 16098 of 2024 AND: M/S UCO BANK JAYANAGARA BRANCH NO 238/35 9TH MAIN ROAD 3RD BLOCK JAYANAGAR BANGALORE 560011 REP BY ITS AUTHORISED SIGNATORY. …RESPONDENT (BY SRI. JEEVAN KUMAR B S.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER PASSED BY THE LEARNED 1ST ACMM AT BENGALURU IN CRL.MISC. NO.6755/2023-DATED 02.11.2023 AT ANNEXURE-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:34131 WP No. 16098 of 2024 ORAL ORDER The petitioners, the borrowers from the respondent, is aggrieved by the order dated 02.11.2023 [Annexure-A] in Criminal Miscellaneous No. 6755/2023 on the file of the I ACMM, Bengaluru [for short, 'the learned Magistrate']. The learned Magistrate, by the impugned order, has appointed a learned Member to assist the respondent in taking possession of the secured asset. This Court has granted interim order subject to the petitioner depositing in a sum of Rs.20,00,000/- on or before 27.07.2024. 2. Sri Jeevan Kumar B.S. the learned counsel for the respondent, submits that this amount which was payable about a year back has been paid but no further amount is paid. The petitioners, as could be seen from the grounds urged in the memorandum of the petition, have called in question the declaration of - 4 - HC-KAR NC: 2025:KHC:34131 WP No. 16098 of 2024 their loan account as a Non-Performing Asset [NPA] and the computation of the amounts claimed. 3. As is pointed out by Sri Jeevan Kumar B.S, the petitioners must necessarily avail their remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, the SARFAESI Act], wherein the entire gamut of their grievance could be considered on appreciation of the relevant facts as brought out by the records. There is no occasion for this Court's interference. 4. However, the adjunct question is should there be any protection to the petitioners until they avail their remedy as now permitted, and this question would be because of the interim order that has been in operation for over a year. Sri Jeevan Kumar B.S is heard, and this Court is of the opinion that there must be a reasonable opportunity. In the light of therefore, the following: - 5 - HC-KAR NC: 2025:KHC:34131 WP No. 16098 of 2024 ORDER [a] The petition is disposed of reserving liberty to the petitioners to avail their remedy under Section 17 of the SARFAESI Act calling upon the respondent to defer precipitous action in terms of the impugned order for a period of four weeks. [b] It is observed that if the petitioners avail their remedy within four weeks as now stated with a request for interim order, the Debt Recovery Tribunal, the authority under Section 17 of the SARFAESI Act, shall examine the question of extending the benefit of an interim order without being influenced by the protection that has been given to the petitioners in the present proceedings. Sd/- (B M SHYAM PRASAD) JUDGE nv