- 1 - HC-KAR NC: 2025:KHC:36229 WP No. 27251 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27251 OF 2025 (GM-RES) BETWEEN: MRS. SHASHI REKHA. G. P. W/O. LATE PURUSHOTHAMAN, AGED ABOUT 47 YEARS, R/AT 1505, GEETHA ROAD, 5TH CROSS, K.G.F., BANGARAPET, KOLAR, ROBERTSONPET, KOLAR DISTRICT, KARNATAKA 563 122 …PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: 1. M/S. CANARA BANK LTD., ROBERTSONPET BRANCH, KOLAR DISTRICT. AND ITS REGIONAL OFFICE, WARD NO.24, KEELUKOTE EXTENSION, ANTHARGANGE MAIN ROAD, KOLAR TOWN - 563 101, REP. BY ITS AUTHORIZED OFFICER/CHIEF MANAGER, SRI. M. AYUB. 2. M.S. FASHION, PROP: MRS. K. MANJULA BHAI, OPP: GANESHA HOTEL, ROBERTSONPET, KGF, KOLAR DISTRICT. 3. MRS. K. MANJULA BHAI, OPP: GANESHA HOTEL, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36229 WP No. 27251 of 2025 AGED ABOUT 45 YEARS ROBERTSONPET, KGF, KOLAR DISTRICT. 4. MR. E. RAMESH RAO, S/O. ESHWAR RAO, AGED ABOUT 48 YEARS R/AT PARANDAHALLI VILLAGE, ROBERTSONPET, KGF, KOLAR DISTRICT …RESPONDENTS (BY SRI. VIGNESH S. SHETTY, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE THE SECTION 14 ORDER DATED 20-05-2025 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, KOLAR IN CRI.MISC. NO.83/2025 VIDE ANNEXURE -E. B) ISSUE A WRIT OF CERTIORARI BY SETTING ASIDE THE VACATING NOTICE/INTIMATION DATED 19-08-2025 ISSUED BY THE COURT COMMISSIONER, WHICH WAS AFFIXED BY THE RESPONDENT NO.1 BANKS OFFICIALS ADDRESSING THE RESPONDENT NO.2 AND 3 VIDE ANNEXURE - F AND ETC, THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:36229 WP No. 27251 of 2025 ORAL ORDER The petitioner asserts that she is in possession of a portion of the property in No.15 of Parandahalli, Bethamangala Hobli, Bangarpet Taluk, and her grievance stems from the fact that the first respondent has initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [the SARFAESI Act] because of a default by its borrowers - her landlords. The petitioner, even if she could assert locus, must establish circumstances as contemplated under Section 17(4A) of the SARFAESI Act and only if locus is established in the light of the afore, there could be any indulgence. These circumstances must be examined in the proceedings under such provisions with the Debt Recovery Tribunal, and not in the present petition. - 4 - HC-KAR NC: 2025:KHC:36229 WP No. 27251 of 2025 Therefore, the petition, subject to all just exceptions, stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE RB