- 1 - HC-KAR NC: 2025:KHC:30117 WP No. 35001 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35001 OF 2024 (GM-RES) BETWEEN: SRI. KUMAR NATRAJ AGED ABOUT 61 YEARS, S/O SRI. NATRAJ MUDALIAR, RESIDING AT NO.K-50E, 13TH CROSS, 3RD MAIN, LAKSHMINARAYANAPURA, SRIRAMPURAM, BENGALURU NORTH BENGALURU 560 021. …PETITIONER (BY SRI. K S GANESHA.,ADVOCATE) AND: 1. UDAYA SOUHARDA CREDIT CO OPERATIVE LTD., (REGISTERED UNDER THE PROVISIONS OF KARNATAKA SOUHARDA SAHAKARI ACT) UDAYA SAHAKARA BHAVANA, 29/11, 1ST MAIN, MOUNT JOY ROAD, HANUMANTH NAGAR, BENGALURU 560 019. REPRESENTED BY ITS AUTHORIZED OFFICER. 2. SRI. NAGARAJAN.D.N, AGED ABOUT 75 YEARS, S/O LATE NARASIMHAN, RESIDING AT NO.SHANTHA BHAVAN, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30117 WP No. 35001 of 2024 NO.439, 2ND CROSS, 8TH MAIN ROAD, BASAVESHWARANAGAR, BENGALURU -79. …RESPONDENTS (BY SRI. ANIRUDH A KULKARNI.,ADVOCATE FOR R1; SRI. PAWAN SHYAM, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.12.2024 PASSED IN C.MISC.555/2024 BY THE 32ND ADDL. CJM, BENGALURU, WHICH IS AT ANNEXURE C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the order dated 10.12.2024 in C.Misc.555/2024 on the file of the XXXII Additional CJM, Bengaluru. This Court has granted interim order for restoring possession of the subject property to the petitioner subject to the petitioner depositing a sum of Rs.1,00,000/-. It is not in dispute that this amount is deposited and the possession is - 3 - HC-KAR NC: 2025:KHC:30117 WP No. 35001 of 2024 restored. The crucial question for consideration is should this Court entertain this writ petition when the petitioner could indeed avail remedy under section 17[4A] of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, the 'SARFAESI Act']. This Court does not find any reason to entertain this petition and the petitioner must avail remedy in terms of the aforementioned provision. As such, the writ petition must be disposed of without any interference. However the petitioner has had the advantage of interim orders for over eight months. This Court is inclined, lest there be precipitation without due opportunity, to extend the benefit for a period of four weeks from today. Therefore, reserving liberty to the petitioner to avail remedy under the provisions of the SARFAESI Act subject to all just exceptions, the petition stands disposed of observing that if the petitioner avails remedy under the SARFAESI Act, with a request for interim protection, the Debt Recovery Tribunal shall consider the request for - 4 - HC-KAR NC: 2025:KHC:30117 WP No. 35001 of 2024 interim protection uninfluenced by the interim arrangement and the arrangement now provided by this Court. Sd/- (B M SHYAM PRASAD) JUDGE NV