- 1 - HC-KAR NC: 2025:KHC:50325 WP No. 35889 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT PETITION NO. 35889 OF 2025 (GM-DRT) BETWEEN: 1. MR. NARASHIMHAMURTHY B.V., S/O VENKATESWARAPPA, AGE ABOUT 56 YEARS, R/AT NO 69, JAKKASANDRA KASABA HOBLI, SIDDA GANGA LAYOUT, NELAMANGALA, NEAR GANESH TEMPLE, BANGALORE – 562 123 2. MRS.VEENA W/O NARASIMHA MURTHY B.V., AGED ABOUT 37 YEARS, R/AT NO 69, JAKKASANDRA KASABA HOBLI, SIDDA GANGA LAYOUT, NELAMANGALA, NEAR GANESH TEMPLE, BANGALORE – 562 123 …PETITIONERS (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA, ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50325 WP No. 35889 of 2025 AND: M/S SMFG INDIA HOME FINANCE CO. LTD., HOME FINANCE COMPANY LTD., REPRESENTED BY ITS AUTHORIZED OFFICER MR. KEERTHINATHA S REGD. HEAD OFFICE AT 3RD FLOOR, NO.165, MEGH TOWERS, P H ROAD, MADURAVOYAL, CHENNAI - 600 095 ALSO AT HAVING BRANCH OFFICE N.M.COMPLEX, NO.06, 1ST FLOOR, SERVICE ROAD, REMCO LAYOUT, HAMPINAGAR, VIJAYANAGAR, BENGALURU - 560 040 …RESPONDENT (BY SRI. SURESH V., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE IMPUGNED ISSUED BY THE RESPONDENT UNDER SECTION 13(2) OF THE SARFESI ACT DATED 21/03/2025 OF THE SECURITIZATIONS AND RECONSTRUCTIONS OF FINANCE AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (SARFASI ACT 2002), PRODUCED AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:50325 WP No. 35889 of 2025 CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER Heard the learned counsel appearing for the petitioner. 2. Learned counsel appearing for respondent is present and submits that as ordered by the Magistrate in Crl.Misc.No.1463/2025, the respondent has taken possession of the property on 07.11.2025. 3. The said fact is not disputed by the petitioner. 4. This petition is filed under Article 226 of the Constitution of India by a borrower, who has taken loan of Rs.30,00,000/- dated 30.11.2023 from respondent. The contentions of the petitioners are that the notice issued by the respondent is not in accordance with Section 13 (2) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act, 2002”). On this ground, he prayed for following relief: i. To a writ of certiorari or any direction or order setting aside the impugned issued by the respondent under section 13(2) of the Bearing No. Ref. SMHFC / SARFAEBI/MAR-25TKN/5 SARFESI Act dated 21/03/2025 of the Securitizations and reconstructions of Finance and Enforcement of - 4 - HC-KAR NC: 2025:KHC:50325 WP No. 35889 of 2025 Security Interest Act, 2002 (SARFAESI Act, 2002), produced at Annexure-A. ii. To a writ of certiorari or any direction or order setting aside the impugned issued by the respondent under section 13(4) of the SARFESI Act dated 23/06/2025 of the Securitizations and Reconstructions of Finance and Enforcement of Security Interest Act, 2002 (SARFASI Act 2002), produced at Annexure-B. iii. Restrain the respondent from selling, auctioning, or otherwise encumbering the schedule property pending the final outcome of this petition. iv. Direct the respondent to grant interim possession of the schedule property to the petitioners, subject to any terms and conditions as this Hon'ble Court may deem fit. v. Grant any other writ, order or direction as this Hon'ble Court deems fit and proper relief as this Hon'ble Court dearness fit and proper under the circumstances of this case 5. The SARFAESI Act is a special enactment to protect the interest of both borrower and lender. The aggrieved party may approach the D.R.T under section 17 of the said Act for redressel. Therefore, the petitioner cannot approach this Court under extraordinary jurisdiction of Article 226 of the Constitution of India. Hon'ble Apex Court in the case of Union Bank of India Vs. Saraswathi Tondon1 has held that the High Court shall not interfere in the proceedings initiated under 1 2010 (8) SCC 110 - 5 - HC-KAR NC: 2025:KHC:50325 WP No. 35889 of 2025 Section 13 and 14 of the SARFAESI Act and the aggrieved person shall approach the DRT. 6. In view of the above said reasons, the writ petition is not maintainable. As result following order are passed: ORDER i. The writ petition is dismissed as not maintainable. ii. Since the writ petition is disposed of, all the pending applications stand disposed of. SD/- (UMESH M ADIGA) JUDGE TS, List No.: 2 Sl No.: 5