- 1 - HC-KAR NC: 2025:KHC:31501 WP No. 21696 of 2025 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. 21696 OF 2025 (GM-RES) BETWEEN: MUNSEEF AHMED S/O MR. SUHAIL AHMED AGED ABOUT 32 YEARS R/A, 25/1 16TH CROSS, DEVIS ROAD SANAY PUARAM BANGALORE 560084 …PETITIONER (BY SRI. NATARAJ BABA K., ADVOCATE) AND: 1. BANK OF MAHARASHTRA BASAVANAGUDI BRANCH LOCATED AT UTTARADHI MUTT ROAD BASAVANAGUDI BANGALORE -560004 REPRESENTED BY ITS BRANCH MANAGER 2. CENTRAL BANK OF INDIA RMV EXTN BRANCH LOCATED AT GROUND FLOOR 2ND CROSS ROAD OPPOSITE TO GUBBI VEERANNA RANGAMANDIRA BANGLORE-560009 REPRESENTED BY ITS BANK MANAGER Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31501 WP No. 21696 of 2025 3. SHREE GUDALA HARI PRASAD REDDY S/O GUDALA RAMA KRISHNA REDDY AGED ABOUT 60 YEARS, 4. SMT GUDLA PRABAVATHI W/O SHREE GUDALA HARI PRASAD REDDY AGED ABOUT 54 YEARS BOTH ARE RESIDING AT, PLOT NO 3, KEERTHI ENCLAVE GNT ROAD OLD, COTTON MILL, NELLORE KOTAPOLUR, SULLURPETA, NELLORE, ANDRA PRADESH - 524123 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH THE DEMAND NOTICE DTD 23.06.2025 ISSUED BY THE R-1 UNDER SEC 13(2) OF SARFAESI ACT, 2002 AND ALL FURTHER PROCEEDING PURSUANT TO DEMAND NOTICE DTD 23.06.2025 VIDE BEARING NO. AF7/SARFAESI/DEMAND NOTICE/2025-26 VIDE ANNX-A. 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:31501 WP No. 21696 of 2025 ORAL ORDER The petitioner has called in question the initiation of the proceedings with the issuance of notice under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'SARFAESI Act']. Mr. Nataraj Baba K, the learned counsel for the petitioner, submits that this Court must interdict the proceedings because the petitioner is not a borrower and an alleged charge is created over the subject property based on the fraudulent documents that have been called in question in a properly instituted civil suit. However, the learned counsel cannot persuade this Court to opine that there must be interference in the present proceedings notwithstanding the reiterated caution by the Apex Court against entertaining grievances relating to the proceedings - 4 - HC-KAR NC: 2025:KHC:31501 WP No. 21696 of 2025 when there is an alternative remedy under the SARFAESI Act. Therefore, leaving open all questions to be considered if the petitioner availed such remedy, the petition stand disposed of. SD/- (B M SHYAM PRASAD) JUDGE RB