- 1 - HC-KAR NC: 2025:KHC:45098 WP No. 8521 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 8521 OF 2023 (GM-RES) BETWEEN: 1. MR. JESU NAVIN NISCHAL, S/O MR HARRY LAWRENCE, AGED ABOUT 42 YEARS, R/O 2ND CROSS, GHATTAHALLI MAIN ROAD, SHANKARAPPA LAYOUT, HUSKUR, BENGALURU - 560 099. 2. MR HARRY LAWRENCE S/O F A MOSESS, AGED ABOUT 69 YEARS, R/O 2ND CROSS, GHATTAHALLI MAIN ROAD, SHANKARAPPA LAYOUT, HUSKUR, BENGALURU - 560 099. …PETITIONERS (BY SRI. BHARATH KUMAR V.,ADVOCATE) AND: 1. M/S RBL BANK, RESIDENCY ROAD BRANCH, BENGALURU. HAVING ITS BRANCH OFFICE AT Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45098 WP No. 8521 of 2023 PRESTIGE TOWERS, 4TH FLOOR, NO 99 AND 100, RESIDENCY ROAD BENGALURU - 560 025 REP. BY ITS BRANCH MANAGER 2. M/S PEGASUS ASSETS RECONSTRUCTION PVT LTD HAVING ITS OFFICE AT NO 69, 5TH CROSS, BEHIND NANO HOSPITAL, NYANAPPANAHALLI VILLAGE, BTM LAYOUT, 6TH STAGE, BENGALURU - 560 076. (REPRESENTED BY ITS MANAGER A COMPANY REGISTERED UNDER COMPAINED ACT 2013) …RESPONDENTS (BY SRI. AVINASH B C.,ADVOCATE FOR R1; SRI. NARAYAN SHENOY., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THE AUCTION OF THE R-1 IN CLASSIFYING THE FINANCIAL ASSISTANCE/CREDIT FACILITIES ADVANCED TO THE PETITIONERS HEREIN AS A NON PERFORMING ASSET ON 12.02.2020 AS BAD IN LAW (ANNEXURE -A). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:45098 WP No. 8521 of 2023 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, petitioner has sought for writ of mandamus against respondent No.1 to classify the financial assistance/credit facilities as the Non-Performing Asset, is bad in law and also quashing the Demand Notice dated 04.10.2022 issued by respondent No.2 under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (Annexure-A). 3. Having taken note of the submissions made by the learned counsel appearing for the parties, the relief sought for by the petitioner is against a Private Bank and that apart, the petitioner is having an efficacious remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. - 4 - HC-KAR NC: 2025:KHC:45098 WP No. 8521 of 2023 4. In that view of the matter, I am of the view that writ petition is not maintainable. However, liberty is reserved to the petitioner to approach a Competent Tribunal for redressal of his grievance. With these observations, the petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE RL List No.: 1 Sl No.: 4