- 1 - HC-KAR NC: 2025:KHC:26456 WP No. 682 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 682 OF 2019 (GM-RES) BETWEEN: M.N. SUBRAMANYA SWAMY, S/O LATE M. NAGALINGA SWAMY, AGED ABOUT 50 YEARS, R/AT NO.1252, NEW NO.K-2, THYAGARAJA ROAD, MYSORE. …PETITIONER (BY SRI. VENUGOPALA G.M, ADVOCATE) AND: 1. SHANMUGA SWAMY M.N, S/O LATE M. NAGALINGA SWAMY, AGED ABOUT 62 YEARS, R/AT NO.526, NEW NO.K-2, THYAGARAJA ROAD, K.R. MOHALLA, MYSORE - 570 001. 2. KATHYAYINI DEVI M.N, W/O H.C. VISHWANATH D/O LATE M. NAGALINGA SWAMY AGED ABOUT 48 YEARS, R/AT DEVARAMANA NILAYA, MALLAPANAHALLI POST, HOLENARASIPURA - 573 211. 3. SMT. M.S. MALA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26456 WP No. 682 of 2019 W/O M.N. SHANMUGA SWAMY, AGED ABOUT 54 YEARS, R/AT 1526, NEW NO. K-2, 7TH CROSS, THYAGARAJA ROAD K R MOHALLA, MYSORE - 570 001. 4. HARISH S S/O SRIDHARACHAR, AGED ABOUT 40 YEARS, R/AT NO.815, KAMATAGERI MANDIMOHALL, MYSORE CITY - 570 001. 5. M MURTHY, S/O LATE MANIKYACHAR, AGED ABOUT 52 YEARS, R/AT NO.377, B.N. ROAD DODDAVAKKALAGERI, MYSORE - 570 001. 6. MANJULA H.C, W/O M MURHTY, AGED MAJOR, R/AT 377, B.N. ROAD, DODDAVAKKALAGERI, MYSORE - 570 001. 7. B.C. SRINIVAS , S/O CHOWDACHARI, AGE: MAJOR, R/AT NO.2267/8, DEVEGOWDA BUILDING, 5TH MAIN ROAD, 5TH CROSS, VINAYAKANAGARA, V.V. MOHALLA, MYSORE - 570 001. 8. KANKYAPARAMESHWARI CO-OPERATIVE BANK LTD., K.R. CIRCLE, MYSORE - 570 001, - 3 - HC-KAR NC: 2025:KHC:26456 WP No. 682 of 2019 REPRESENTED BY ITS AUTHORISED OFFICER/ GENERAL MANAGER. 9. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE MYSORE - 570 001. …RESPONDENTS (BY SRI. H.P. GANGESH GOWDA, ADVOCATE FOR R1 ND R3; SRI. MAHANTESH SHETTAR, AGA FOR R9; SRI. B.S. MAHENDRA, ADVOCATE FOR R8; R2 - KATHYAYINI DEVI M.N, SERVED; R6 - MANJULA H.C - SERVED) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 28.6.2018 PASSED IN NO.M.A.G[3] MIS 120/2018 PASSED BY THE R-8 AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs – “i) Issue writ of certiorari or any other appropriate writ or order quashing the impugned order dated 28.06.2018 passed in No.M.A.G (3) Mis.120/2018 passed by the respondent No.8 as per Annexure-A. - 4 - HC-KAR NC: 2025:KHC:26456 WP No. 682 of 2019 ii) Grant such other reliefs as this Hon’ble Court deems fit to grant on the facts and circumstances of the case in the interest of justice and equity.” 2. What has been challenged is an order passed under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’). The petitioner has an alternative and efficacious remedy in terms of Section 17 thereof. Reserving such liberty, the petition stands disposed of. 3. The petitioner will be entitled to the benefit of Section 14 of the Limitation Act, 1963 as regards the time spent in prosecuting the above case. SD/- (SURAJ GOVINDARAJ) JUDGE HNM, List No.: 1 Sl No.: 15 CT: BHK