- 1 - HC-KAR NC: 2025:KHC:38647 WP No. 28260 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28260 OF 2025 (GM-RES) BETWEEN: MR. MAHESH KUMAR P S/O PUTTASWAMY AGED ABOUT 42 YEARS R/AT 2219/1, K-16, 4TH CROSS BASAWESHWARA ROAD K R MOHALLA MYSORE-570004. …PETITIONER (BY SRI. SHARATH KUMAR SHETTY.,ADVOCATE) AND: THE AUTHORIZED OFFICER BANK OF BORODA Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38647 WP No. 28260 of 2025 NO.1545, SAHUKAR CHENNAIAH ROAD BHOGADI 2ND STATE MYSORE-570009. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE IMPUGNED NOTICE DATED 20.08.2025 ISSUED BY THE RESPONDENT UNDER SARFAESI ACT AS PER ANNEXURE-D; B. TO DIRECT THE RESPONDENT TO RECEIVE THE OUTSTANDING OVERDUE AMOUNT FROM THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:38647 WP No. 28260 of 2025 ORAL ORDER After being heard for sometime, Sri. Sharath Kumar Shetty, the learned counsel for the petitioner, seeks leave to withdraw this petition with liberty to the petitioner to avail remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act']. The learned counsel also submits that this Court may provide for an interregnum arrangement against dispossession because the petitioner will have to pay only a sum of Rs.2,00,000/- to regularize the loan and the petitioner is bona fide as he has not received monies from the Contractor for execution of work. When queried, the learned counsel submits that the respondent has not taken any action to bring the property [a residential property] to sale. In consideration of these submissions, the following: - 4 - HC-KAR NC: 2025:KHC:38647 WP No. 28260 of 2025 ORDER [A] The petition stands disposed of with liberty to the petitioner to avail alternative remedy under Section 17 of the SARFAESI Act calling upon the respondent to desist coercive measures to dispossess the petitioner until 15.10.2025. [B] It is needless to observe that this disposal does not inure to the petitioner on the ground of limitation or on the grant of interim order if the alternative remedy is available. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr