- 1 - HC-KAR NC: 2025:KHC:43387 WP NO.26957 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.26957 OF 2023 (GM-RES) BETWEEN: MR. KADARAPPA S/O LATE NARASHIMAIAH, AGED ABOUT 58 YEARS, R/AT NO.138, GOVARDHANA NILAYA, FORT, KENGERI, BENGALURU - 560 060. …PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: M/S BANK OF BARODA [CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT, 1970] NO.1250/15/1B, 1ST MAIN ROAD, OPP. BSNL OFFICE, KENGERI STATELLITE TOWN, KENGERI, BENGALURU - 560 060. REP. BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. PRAKASH HEGDE K., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET- ASIDE THE SECTION 14 ORDER DATED 31ST OCTOBER, 2023 PASSED BY THE XLVI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN CRL.MISC. NO.6321/2023 VIDE ANNEXURE-A BY STATING THAT THE ENTIRE RECOVERY Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43387 WP NO.26957 OF 2023 PROCEEDINGS INITIATED BY THE RESPONDENT-BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002 INSOFAR AS THE PETITIONER IS CONCERNED; DIRECT THE RESPONDENT- BANK, NOT TO TAKE ANY FURTHER ACTION AGAINST THE SCHEDULE PROPERTY AND TO ACCEPT THE PETITIONER'S PROPOSAL TO SETTLE THE OUTSTANDING PRINCIPAL AMOUNT THROUGH ONE TIME SETTLEMENT AMOUNT AND TO WAIVE OFF THE INTEREST COMPONENT OF THE LOAN AMOUNT BY GRANTING A MORATORIUM TIME OF SIX MONTHS; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER The prayer made in the writ petition is as follows: "a) Issue a writ of Certiorari by setting aside the Section 14 Order dated 31.10.2023 vide Annexure- A passed by the learned 46th ACMM, Bengaluru in Crl.Misc. No.6321/2023 and by stating that the entire recovery proceedings initiated by the Respondent-Bank against the Schedule property are illegal and in violation of the SARFAESI Act, 2002 insofar as the petitioner is concerned; b) Issue writ of Mandamus to the Respondent-Bank, not to take any further action against the Schedule Property and to accept the Petitioner's proposal to settle the outstanding principal amount through One Time Settlement amount and to waive off the interest component of the loan account by granting a moratorium time of six months; - 3 - HC-KAR NC: 2025:KHC:43387 WP NO.26957 OF 2023 c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity." 2. Heard Smt. Kavitha D., learned counsel appearing for the petitioner and Sri. Prakash Hegde K., learned counsel appearing for the respondent. 3. Sri. Prakash Hegde K., learned counsel appearing for the respondent-Bank submits that the petitioner has to exhaust the remedy by approaching the Debts Recovery Tribunal. 4. Having heard the learned counsel appearing for the parties and taking into consideration the averments made in the writ petition, I am of the view that petitioner has to approach the Debts Recovery Tribunal for his grievance. Therefore, reserving the liberty to the petitioner to approach the competent Debts Recovery Tribunal, if so advised, writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 57