- 1 - HC-KAR NC: 2025:KHC:34129 WP No. 26332 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26332 OF 2025 (GM-RES) BETWEEN: 1. SMT MANJULA JEEVAN KISHORE AGED ABOUT 39 YEARS, W/O K JEEVAN KISHORE, 2. MR. M VENKATARAMANA AGED ABOUT 59 YEARS, S/O PEDDAYARAIAH ALIAS YARAPPA 3. SMT. SHANTHAMMA AGED ABOUT 54 YEARS, W/O M VENKATARAMANA, 4. SMT. M V LALITHA AGED ABOUT 34 YEARS W/O NAVEEN 5. SMT. M V USHARANI AGED ABOUT 31 YEARS, W/O P PUNEETH KUMAR 6. SRI V PUJIT PULIN KUMAR AGED ABOUT 18 YEARS S/O M VENKATARAMANA Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34129 WP No. 26332 of 2025 ALL ARE RESIDING AT NO.42, 4TH CROSS, CHOWDESHWARI LAYOUT, YELAHANKA OLD TOWN, YELAHANKA, BANGALORE - 560064. …PETITIONERS (BY SRI. MOHANA CHANDRA P.,ADVOCATE) AND: THE AUTHORISED OFFICER TEXTILE COOPERATIVE BANK LTD., NO.16, 1ST A MAIN ROAD, SUDHAMANAGAR, BANGALORE - 560027. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE IMPUGNED ORDER DATED 5-5-2025 PASSED BY THE COURT OF VII ADDL. CHIEF JUDICIAL MAGISTRATE, BANGALORE IN CRL. MISC. NO.1146/2025 VIDE ANNEXURE -C AND CONSEQUENTLY ISSUING NOTICE BY THE RESPONDENT BANK TO THE PETITIONERS VIDE ANNEXURE -D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:34129 WP No. 26332 of 2025 ORAL ORDER The petitioners do not dispute that they have borrowed a home loan from the respondent and they also do not dispute that they are in default but they are aggrieved by the respondent having recourse to the proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act']. The petitioners have called in question the order dated 05.05.2025 in Criminal Miscellaneous No.1146/2025 on the file of the VII Additional Chief Judicial Magistrate, Bengaluru. The Magistrate Court has appointed a learned member of the Bar to act as a 'Court Commissioner' to take possession of the subject property with further directions on drawing up of an inventory and filing a report into the Court. Sri Mohana Chandra P., the learned counsel for the petitioners, submits that if the Court's direction - 4 - HC-KAR NC: 2025:KHC:34129 WP No. 26332 of 2025 is to secure possession through the Court Commissioner as aforesaid, the respondent has appointed certain third parties to recover possession from the petitioners. The learned counsel emphasizes that the petitioners own no other property other than the subject property [a residential property] and they are bona fides in stating that they will clear the outstanding if two [2] weeks time is granted. If the petitioners do not dispute that they are borrowers and there is a default but want to make a grievance against the manner in which the warrant is being executed, they must necessarily avail remedy under Section 17 of the SARFAESI Act and they must be at liberty in this regard and there cannot be any interference in this petition. However, this Court must also provide for an equitable arrangement so that the petitioners have a real opportunity of availing their remedy under Section 17 of the SARFAESI Act and this could be achieved if the - 5 - HC-KAR NC: 2025:KHC:34129 WP No. 26332 of 2025 respondent is directed to defer the recovery of possession in terms of the order dated 05.05.2025 for a period of two [2] weeks from today leaving open all questions to be considered by the DRT under Section 17 of the SARFAESI Act if the petitioners avail their remedy. Hence, dispensing with notice the following: ORDER [A] The petition stands disposed of with liberty to the petitioners to avail their remedy under Section 17 of the SARFAESI Act directing the respondent not to take coercive measures to dispossess the petitioners for a period of two [2] weeks from today [B] The petitioners are called upon to file a copy of this order with the respondent. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:sr