- 1 - HC-KAR NC: 2025:KHC:35059 WP No. 26914 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26914 OF 2025 (GM-RES) BETWEEN: 1. SRI. LOHITHASHWA C V., S/O VISHWEANATH C M AGED BAOUT 72 YEARS 2. SRI PANCHAM C L S/O LOHITRHASHWA C V AGED ABOUT 38 YEARS BOTH ARE R/AT HODDURU VILLAGE AND POST MADIKERI TALUK KODAGU DISTRICT-571252 …PETITIONERS (BY SRI. PRASANNA D.P.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35059 WP No. 26914 of 2025 AND: M/S KARNATAKA GRAMEENA BANK, NAPOKLU BRANCH MADIKERI TALUK KODAGU DISTRICT-571222 REP BY ITS AUTHORIZED OFFICER …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE SENIOR CIVIL JUDGE AND JMFC MADIKERI CR MISC NO. 95/2025 DTD 4.08.2025 AS PER ANNX-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:35059 WP No. 26914 of 2025 ORAL ORDER The petitioners do not dispute that they have borrowed loans from the respondent - Bank, but they are aggrieved by the order dated 04.08.2025 in Crl. Misc. No.95/2025 on the file of the Senior Civil Judge and CJM, Kodagu, Madikeri. The impugned order is under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] for possession through the Court Commissioner with the assistance of the jurisdictional Police. 2. Mr. Prasanna D. P, the learned counsel for the petitioners, submits that [a] the petitioners have availed a crop loan and loan for construction of a farm house, - 4 - HC-KAR NC: 2025:KHC:35059 WP No. 26914 of 2025 [b] the second petitioner has met with an accident and was hospitalized until 12.07.2025 and is recovering from the injuries, [c] the first petitioner [the father] is 72 years old, and [d] the petitioners are keen to close the loan and to show bonafides, they would deposit 50% of Rs.39,23,543/- [which is disclosed as the outstanding in the proceedings under Section 14 of the SARFAESI Act]. 3. These circumstances notwithstanding, the petitioners have their alternative remedy under Section 17 of the SARFAESI Act. These circumstances will have to be considered by the Debt Recovery Tribunal [DRT] in such proceedings if the petitioners avail their remedy, and this Court enter - 5 - HC-KAR NC: 2025:KHC:35059 WP No. 26914 of 2025 into the merits of the grievance based on these circumstances. Therefore, the petitioners must be relegated to alternative remedy and the only question for consideration at this stage is, should there be any direction to the respondent to defer precipitation so that the petitioners have reasonable opportunity to avail their remedy. 4. This question is considered in the light of the fact that the petitioners are willing to deposit 50% of the amount and that they face dispossession from a residential property, and to ensure that there is no precipitation, this Court is of the view that the respondent must be called upon to defer precipitous proceedings for a period of two [2] weeks from today with liberty to the petitioners to avail their remedy under Section 17 of the SARFAESI Act. While so directing and reserving liberty to the petitioners to file a copy of this order with the respondent for due - 6 - HC-KAR NC: 2025:KHC:35059 WP No. 26914 of 2025 deference, the petition stands disposed of subject to all just exceptions. SD/- (B M SHYAM PRASAD) JUDGE RB