- 1 - HC-KAR NC: 2025:KHC:30500 WP No. 15092 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 15092 OF 2022 (GM-RES) BETWEEN: 1. BETTASWAMY H R S/O LATE RAMANNA AGED ABOUT 43 YEARS, HOSAGAVI VILLAGE, KOPPA HOBLI MADDUR TQ MANDYA DIST KARNATAKA -571425 2. CHANNAMMA W/O RAMANNA AGED ABOUT 63 YEARS, HOSAGAVI VILLAGE KOPPA HOBLI MADDUR TQ MANDYA DIST KARNATAKA -571425 [SENIOR CITIZEN BENEFIT NOT CLAIMED] …PETITIONERS (BY SRI. PRAVEEN KUMAR G.S., ADVOCATE) AND: BANK OF BARODA (ERSTWHILE VIJAYA BANK) KOPPA BRANCH, MADDUR TALUK MANDYA DISTRICT -571425 REP BY ITS AUTHORIZED OFFICER SRI SANATAN SATHUA [MANAGER] …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30500 WP No. 15092 of 2022 ORDER PASSED BY THE HONBLE PRL SR CIVIL JUDGE AND CJM AT MANDYA DTD.28.6.2022 VIDE ANNEXURE-B IN CRL.MISC NO.117/2022 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged the order dated 28.06.2022 passed by the Principal Senior Civil Judge and CJM at Mandya, in Crl.Misc.No.117/2022 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of the Security Interest Act, 2002 (henceforth referred to as the 'SARFAESI Act' for short). 2. In view of the judgment of the Hon'ble Apex Court in the case of United Bank of India v. Satyawati Tondon and Others - (2010) 8 SCC 110, as well as the judgment of Co-ordinate Bench of this Court in the case of Smt. Vimala Bhushan v. The Authorised Officer, Mumbai and Others - ILR 2019 KAR 2520, the appropriate remedy for the petitioner is to approach the Tribunal against the order passed under Section 14 of the SARFAESI Act, 2002. - 3 - HC-KAR NC: 2025:KHC:30500 WP No. 15092 of 2022 3. In that view of the matter, this petition is dismissed. However, liberty is reserved to the petitioner to approach the Tribunal in accordance with law, in which event, the time consumed in pursuing this writ petition shall be deducted while calculating limitation. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 11