- 1 - HC-KAR NC: 2025:KHC:39902 WP No. 29753 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29753 OF 2025 (GM-RES) BETWEEN: NAGSON AND COMPANY NO.42, INDUSTRIAL SUBURB 2ND STAGE, YESHWANTHPUR BANGALORE 560 022 REPRESENTED BY ITS MANAGING PARTNER MR.K N BALASUBRAMANYAM AGED ABOUT 72 YEARS …PETITIONER (BY SRI. K.S. VENKATARAMANA.,ADVOCATE) AND: BAJAJ FINANCE LIMITED, CORPORATE OFFICE EXTN 3RD FLOOR PANCHSHIL TECH PARK, VIMAN NAGAR PUNE 411014 AND ITS BRANCH OFFICE AT NO.801 TO 805, 8TH FLOOR PRESTIGE TOWERS, RESIDENCY ROAD BANGALORE - 560 025 REP BY ITS AUTHORISED OFFICER/MANAGER. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIIORARI TO QUASH THE NOTICE U/S.13 (2) OF SARFAESI ACT ISSUED ON 08.07.2025 TO THE PETITIONER INFORMING THE DECLARATION OF NPA ON 15.12.2018 AND CONSEQUENTLY ISSUANCE OF THE NOTICE AT ANNEXURE-J AS ILLEGAL AND CONTRARY TO THE PROVISIONS OF LAW AND ETC. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39902 WP No. 29753 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: 1. In the nature of certiorari to quash the notice u/s 13(2) of Sarfaesi Act issued on 08.07.2025 to the petitioner informing the declaration of NPA on 15.12.2018 and consequently issuance of the notice at Annexure-J as illegal and contrary to the provisions of law. 2. In the nature of mandamus directing the respondent to consider the representation/objections dated 05.09.2025 vide Annexure-K; 3. Grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the facts and circumstances of the case. 2. Essentially what has been challenged by the petitioner is a notice under Sub-section (2) of Section 13 of the SARFAESI Act, 2002 calling upon the petitioner to make payment of certain monies and directing the petitioner not to deal with transfer or sell the property which are subject matter of the security towards the said loan. - 3 - HC-KAR NC: 2025:KHC:39902 WP No. 29753 of 2025 3. A notice having been issued under Sub-section (2) of Section 13 of the SARFAESI Act, 2002, it is always available for the petitioner to reply to the same, which has been so replied on 05.09.2025 at Annexure-K. 4. On such a reply having been received, it is for respondents to pass such orders under Sub-section (3) of Section 13 of the SARFAESI Act, 2002 and thereafter take proceedings under Sub-section (4) of Section 13 of the SARFAESI Act, 2002. None of them having happened, the petition is pre-mature. In that view of the matter, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 27