- 1 - HC-KAR NC: 2025:KHC:35065 WP No. 23240 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. 23240 OF 2025 (GM-RES) BETWEEN: MRS GAYATHRI AGED ABOUT 54 YEARS W/O LATE N.GANGADHAR NO.30, 11TH MAIN ROAD, DR.VK GOKAK ROAD, HANUMANTHA NAGAR, BENGALURU-560019. …PETITIONER (BY SMT.JYOTHI S KEMPEGOWDA., ADVOCATE) AND: 1. THE ADMINISTRATOR SRI GURU RAGHAVENDRA SAHAKARA BANK NETKALLAPPA CIRCLE NO.15, SC ROAD, BASAVANAGUDI, BENGALURU-560004. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35065 WP No. 23240 of 2025 2. THE DEPUTY MANAGER SHREE GURURAGHAVENDRA BANK NIYAMITHA NO.15, SUBBARAMA CHETTY ROAD, NETTAKALAPPA CIRCLE, BASAVANGUDI, BENGALURU-560004. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) QUASHING THE IMPUGNED POSSESSION NOTICE DATED 30.05.2025 BEARING NO.SGR/AZ/13(4)472/L-189/25-26 UNDER RULE 8(1) OF THE SARFAESI RULES ISSUED BY THE RESPONDENT BANK AT ANNEXURE A; (B) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT BANK TO CONSIDER THE REPRESENTATION DATED 01.07.25 BY THE PETITIONER TO RESPONDENT BANK AT ANNX-C. 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:35065 WP No. 23240 of 2025 ORAL ORDER The petitioner is admittedly a borrower and she is aggrieved by the respondent's decision to issue the impugned notice dated 30.05.2025 under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] and the Rules thereunder. The petitioner relies upon the orders of this Court in the writ petition in W.P. No.11096/2021. This Court has disposed of this petition by order dated 23.11.2024 with directions as under: "In the above view of the matter, notwithstanding the fact that petitioner No.1 has passed away, this writ petition is disposed of, directing respondent No.6 to make available the details of the overdraft facility, loan account and statement of accounts to be handed over to petitioner No.2, provided, petitioner No.2 approaches respondent No.6 or sends his a uthorized representative to collect the same. In case, any OTS Scheme is available with respondent - 4 - HC-KAR NC: 2025:KHC:35065 WP No. 23240 of 2025 No.6, same shall also be made available to petitioner No.2 in accordance with law." Smt. Jyothi S Kempegowda, the learned counsel for the petitioner, submits that the impugned notice is without furnishing details as required under this Court's directions. However, the learned counsel does not dispute that the outstanding amount is in excess of Rs.10 Crores according to the respondent, and this Court is of the view that the circumstances relied upon by the petitioner must be examined under Section 17 of the SARFAESI Act and there is no occasion for this Court to intervene under Article 226 of the Constitution of India notwithstanding such remedy. Hence, the petition stands disposed of subject to all just exceptions. Sd/- (B M SHYAM PRASAD) JUDGE AN/-