- 1 - HC-KAR NC: 2025:KHC:53493 WP No. 34823 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 34823 OF 2025 (GM-DRT) BETWEEN: M/S. KITCHEN NO.10 A, 1ST FLOOR, 8TH CROSS, 5TH MAIN, MALLESHPALYA, NEW THIPPASANDRA POST, BENGALURU-560 075 REPRESENTED BY ITS PROPRIETOR, MRS. SHWETA DEVADIGA, W/O. SURESH DEVADIGA, AGED ABOUT 38 YEARS, NO. 10 A, 1ST FLOOR, 8TH CROSS, 5TH MAIN, MALLESHPALYA, NEW THIPPASANDRA POST, BENGALURU-560 075 …PETITIONER (BY MISS. NAZEEFA M. MULLA,ADVOCATE) AND: Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53493 WP No. 34823 of 2025 CITY UNION BANK LTD., CREDIT RECOVERY AND MANAGEMENT DEPARTMENT, NARAYANA, ADMINISTRATIVE OFFICE, NO. 24-B, GANDHINAGAR, KUMBAKONAM-612 001 REP. BY AUTHORIZED OFFICER …RESPONDENT (BY SRI.VIGNESH SHETTY, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE DATED 12.11.2025 AND PUBLIC NOTICE, ISSUED BY RESPONDENT AGAINST PETITIONER FOR REPAYMENT OF OUTSTANDING LOAN AMOUNT OF RS.1,09,69,035 (ONE CRORE NINE LAKH SIXTY NINE THOUSAND THIRTY FIVE ONLY) WHICH IS PRODUCED AS ANNEXURE-A AND A1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:53493 WP No. 34823 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, the petitioner most respectfully pray that this Hon’ble Court may please to:- a. Quash the impugned possession notice dated 12.11.2025 and public notice, issued by respondent against petitioner for the repayment of outstanding loan amount of Rs.1,09,69,035/- which is produced as Annexure-A and A1. b. Issue any other writ, order or direction and such other order or direction as this Hon’ble Court may deems fit to grant in the facts and circumstances of the case.” 2. Learned counsel appearing for the petitioner submits that the petitioner is ready to deposit 25% of the outstanding amount. 3. Learned counsel appearing for the respondent/bank submits that the outstanding amount is Rs.1,10,96,246/-. It is submitted that the petitioner had already approached the Debt Recovery Tribunal when notice under Section 13(2) of the SARFAESI Act was issued and filed the SA. 4. Having heard the learned counsels on either side, perused the material on records. The petitioner has an - 4 - HC-KAR NC: 2025:KHC:53493 WP No. 34823 of 2025 alternative remedy to go before the Debt Recovery Tribunal. The petitioner except stating that they are ready to 25% of the outstanding amount, no legal ground is raised before this Court. The petitioner having availed the remedy before the Debt Recovery Tribunal ought not to have come up with the instant writ petition. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the Debt Recovery Tribunal. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 44