- 1 - HC-KAR NC: 2025:KHC:43804 WP No. 2857 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2857 OF 2024 (GM-DRT) BETWEEN: M/S MAIYAS BEVERAGES AND FOODS PVT. LTD., HAVING ITS REGD. OFFICE AT NO.53, 7TH B MAIN, 30TH CROSS, 4TH BLOCK, JAYANAGAR, BENGALURU-560 011 REPRESENTED BY ITS DIRECTOR MR RAGHUPATI BHATTA K.R., …PETITIONER (BY SRI. KRISHNA S.VYAS, ADVOCATE) AND: M/S SREE CHARAN SOUHARDHA CO. OPERATIVE BANK LTD., HAVING ITS REGD. OFFICE AT NO.87/1, HB SAMAJA ROAD, GANDHI BAZAR, BASAVANAGUDI BENGALURU-560 007 REPTD BY AUTHORISED OFFICER …RESPONDENT (BY SRI. LOKESH K.V., ADVOCATE) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43804 WP No. 2857 of 2024 THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH BY ISSUANCE OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT THE IMPUGNED NOTICE DATED 28/08/2023 UNDER SECTION 13(2) BEARING REF. NO. SCSCBL/HO/L AND A/058/2023-24 VIDE ANNEXURE-H AND POSSESSION NOTICE DATED 25/01/2024 UNDER SECTION 13(4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 R/W 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, BEARING NO. SCSCBL/HO/L AND A/142/2023-24 VIDE ANNEXURE-K ISSUED BY THE RESPONDENT BANK. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:43804 WP No. 2857 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER Wherefore for the foregoing reasons the Petitioners pray that this Hon'ble Court be pleased to: i. Quash by issuance of Writ in the nature of certiorari or any other Writ the impugned Notice dated 28/08/2023 under Section 13(2) bearing Ref No.SCSCBL/HO/L&A/058/2023-24 vide Annexure-H and Possession Notice dated 25/01/2024 under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 r/w. 8(1) of the Security Interest (Enforcement) Rules, 2002, bearing REF No. SCSCBL/HO/L&A/142/2023-24 vide Annexure-K issued by the Respondent Bank. її. Grant such other reliefs as this Hon'ble Court deems fit and proper in the interests of Justice and Equity." 2. Learned counsel for the petitioner submits that the notice was not served on him, as such, there was no opportunity for him to submit his objections. 3. This Court has perused the grounds and heard the arguments of the learned counsel for the petitioner. When the notice under Section 13(4) of SARFAESI Act is already issued to the petitioner, the petitioner has an effective remedy to approach the Debt Recovery Tribunal and all the issues that are raised before this Court cannot be considered in the light of the - 4 - HC-KAR NC: 2025:KHC:43804 WP No. 2857 of 2024 fact that the petitioner has an effective alternative remedy. Hence, this Court finds no reason to entertain this writ petition. This Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed giving liberty to the petitioner to avail the appropriate remedy in accordance with law. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 2 Sl No.: 11