- 1 - HC-KAR NC: 2025:KHC:37368 WP No. 28439 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28439 OF 2025 (GM-RES) BETWEEN: SRI RAKESH M S/O MANU S AGED ABOUT 33 YEARS, RESIDING AT NO.15/1 MSR NIGAM, FLAT NO.F-2 1ST FLOOR, 5TH MAIN, GIRINAGAR, BANGALORE-560085. …PETITIONER (BY SRI. NAVEEN J N.,ADVOCATE) AND: 1. THE VYSA CO-OPERATIVE BANK LTD BVK IYENGAR ROAD, OTC ROAD BANGALORE-560053 REP BY ITS MANAGER. 2. THE VYSA CO OPERATIVE BANK LTD BVK IYENGAR ROAD, OTC ROAD BANGALORE-560053 REP BY ITS RECOVERY OFFICER. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37368 WP No. 28439 of 2025 3. SRI KESHAVAMURTHY M K S/O LATE M J KUMARASWAMY RESIDING AT NO.87/1 17TH CROSS, JAYALAKSHMAMMA LAYOUT NAGARABHAVI 2ND STAGE BANGALORE-560075 ALSO AT NO.87/1, 17TH CROSS, ORCHID INTERNATIONAL SCHOOL JAYALAKSHMAMMA LAYOUT, NAGARABHAVI 2ND STAGE, BANGALORE-560072. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- (A) QUASHING THE NOTICE DATED 8.9.2025 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE PETITION SCHEDULE PROPERTY MARKED AT ANNEXURE-B TO THE WRIT PETITION; (B) DIRECTING THE RESPONDENT NO.1 AND 2 TO GRANT REASONABLE TIME TO THE PETITIONER TO VACATE AND HANDOVER THE VACANT POSSESSION OF THE PREMISES UNTIL THE 3RD RESPONDENT RE-PAYS THE ENTIRE LEASE AMOUNT IN FAVOUR OF THE PETITIONER AS PER - 3 - HC-KAR NC: 2025:KHC:37368 WP No. 28439 of 2025 LEASE AGREEMENT DATED 26.04.2023 MARKED AT ANNEXURE-A TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who asserts is a tenant in possession of a residential property, is aggrieved by the action started by the first/second respondent under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] to recover possession in view of the default by the borrower. The petitioner asserts he is in possession of the property under the borrower. 2. Sri Naveen J N, the learned counsel for the petitioner, submits that this Court's intervention is sought because there are talks amongst the - 4 - HC-KAR NC: 2025:KHC:37368 WP No. 28439 of 2025 respondents for early closure of the loan with the borrower assuring the petitioner to refund the deposits if the petitioner vacates the premises and that the petitioner will vacate the premises within a month. The question is whether the petitioner must be extended any protection will have to be assessed under Section 17[4A] of the SARFAESI Act, and the petitioner therefore must avail himself of the remedy thereunder. 3. However, this petition should be disposed of with liberty to the petitioner to avail such remedy, and the only question at this stage is should there be precipitation. If the petitioner could avail remedy as aforesaid within a reasonable time in the circumstances, and with the petitioner stating that he will surrender possession with the borrower also willing to handover the deposit and settle claims with the respondents, this Court is of the view that the - 5 - HC-KAR NC: 2025:KHC:37368 WP No. 28439 of 2025 first/second respondents must defer coercive measures for six [6] weeks from today. 4. The petition stands disposed of calling upon the first/second respondent to defer proceedings to recover possession by six [6] weeks from today relegating the petitioner to avail alternative remedy leaving open all questions to be answered in such petition if the petitioner avails such remedy. Sd/- (B M SHYAM PRASAD) JUDGE AN/-