- 1 - HC-KAR NC: 2025:KHC:31591 WP No. 22513 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22513 OF 2024 (GM-RES) BETWEEN: SRI T L VENKATESH S/O LAKSHMI NARAYANA SETTY, AGED ABOUT 64 YEARS, NO. 22/A, 3RD CROSS, 1ST MAIN, MANJUNATHA NAGAR, BANGALORE NORTH, KARNATAKA - 560010 (TENANT IN SCHEDULE PROPERTY) …PETITIONER (BY SRI. V MOHAN.,ADVOCATE) AND: 1. UNION BANK OF INDIA TUMAKURU BRANCH, KASTURI MANSION, BEHIND KRISHNA TALKIES, MG ROAD, TUMAKURU, KARNATAKA 572101. REPRESENTED BY ITS CHIEF MANAGER/ AUTHORIZED OFFICER, REGIONAL OFFICER, SRI VASANTHA KUMAR K, S/O S KARUPPAIAH, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31591 WP No. 22513 of 2024 AGED ABOUT 44 YEARS, (BANKING COMPANY REGISTERED UNDER BANKING REGULATIONS ACT LENDER) 2. 3. SMT ANITHA M/S CHANDRADHARA RICE MILL, KIADB, ANTHARASANAHALLI, TUMAKURU, KARNATAKA - 572106. REPRESENTED BY ITS PROPRIETOR SMT ANITHA W/O V B RAMESH, CHINMAYA 2ND MAIN ROAD, ASHOK NAGAR, TUMAKURU, KARNATAKA - 563121. (LESSROR OF SCHEDULE PROPERTY) 4. SRI V B RAMESH S/O BHAGAVANTHA GUPTA V B MAJOR, 5. CHIRAN R S/O RAMESH V B MAJOR. RESPONDENTS NO.3 & 4 ARE R/A AKASH NAMANA, 10TH CROSS, SIT, VISHVESHWARAIAH LAYOUT, TUMAKURU, KARNATKAA 572102. …RESPONDENTS (BY SMT. DIVYA PURANDAR.,ADVOCATE FOR R1; SRI. GIRISH N.R., ADVOCATE FOR R3; VIDE ORDER DATED 01.08.2025 NOTICE TO R2 & R4 IS DISPENSED WITH) - 3 - HC-KAR NC: 2025:KHC:31591 WP No. 22513 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY ADDL. SR.CIVIL JUDGE AND CJM, TUMAKURU IN CRL.MISC. NO. 249/2023 DATED 18/01/2024 U/S 14 OF SARFAESI ACT IN RESPECT OF THE SCHEDULE PROPERTY (ANNX-A) LEASED OUT TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who is a tenant, is aggrieved by the Order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, the SARFAESI Act'] in Crl.Misc.No.249/2023 on the file of the Additional Senior Civil Judge and CJM, Tumakuru and this Order is dated 18.01.2024. On the previous occasion, the learned counsel for the respondent - Bank had stated thus: - 4 - HC-KAR NC: 2025:KHC:31591 WP No. 22513 of 2024 "The learned co unsel for the first respondent - Bank, submits that the amount due from the borrower is over Rs.10 Crores and an unconditional interim order is granted that is impeding the continuation/initiation of the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Sri V.Mohan, the learned counsel for the petitioner, submits that the petition could be disposed of with liberty to avail remedy against the impugned order under the SARFAESI Act but within a reasonable time and continuation of the interim protection that is extended by this Court. Smt. Divya Purandar, the learned counsel for the respondent, does not contest that the petition could indeed be disposed of without prejudice to the petitioner to avail remedy under Section 17 of the Act, but the learned counsel opposes the continuation of any protection asserting that though the order under Section 14A of the SARFAESI Act is - 5 - HC-KAR NC: 2025:KHC:31591 WP No. 22513 of 2024 in the month of January 2024, the Bank has not been able to take measures for recovery of possession. However, the learned counsel fairly submits that with the pendency of the petition, the Bank will have to move the concerned Court for appropriate orders on issuance of fresh Commissioner's Warrant. This Court must observe that this will entail some time and that in itself must be the window for the petitioner to avail remedy under Section 17 of the Act. While so observing, the petition stands disposed of subject to all just exceptions. SD/- (B M SHYAM PRASAD) JUDGE NV