- 1 - HC-KAR NC: 2025:KHC:54280 WP No. 37922 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.37922/2025 (GM-DRT) BETWEEN: SRI SRINIVAS R S/O S.M. RANGAIAH. AGED ABOUT 45 YEARS, R/AT NO.8, CHOLARAPALYA, 11TH CROSS, MANJUNATH NAGARA, BANGALORE-560073. …PETITIONER (BY SRI. S LAKSHMINARAYANA, ADVOCATE) AND: 1. THE BANGALORE CITY CO OPERATIVE BANK LTD., NO.3, PAMPAMAHAKAVI ROAD, CHAMARAJAPET, BENGALURU-560 001 REP. BY ITS AUTHORIZED SIGNATORY. 2. SRI.S.M.RANGAIAH S/O LATE MUDDAIAH AGED ABOUT MAJOR 3. SRI.R.RAJESH S/O SRI.S.M.RANGAIAH AGED ABOUT MAJOR SL.NO.(2) AND (3) BOTH ARE R/AT. NO.855, 14TH MAIN ROAD, 12TH CROSS, NEAR SHANIMAHATMA TEMPLE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54280 WP No. 37922 of 2025 1ST STAGE, CHANDRALAYOUT, BANGALORE-560072. 4. SMT. JALAJAKSHI W/O SRI. DASEGOWDA AGED ABOUT MAJOR R/AT NO.5515/1, 1ST MAIN ROAD KOTTIGEPALYA MAIN ROAD KOTTIGEPALYA, BANGALORE-560091. 5. SMT.NIRMALA W/O LATE HARISH AGED ABOUT MAJOR R/AT NO.17/22, 23RD CROSS ROAD, BINNIPETE KEMPAPURA, AGRAHARA, BANGALORE-560026. …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) TO SET ASIDE AND QUASH THE IMPUGNED ORDER DATED 28.11.2025 IN CRL. MIS. NO.7983/2025, PASSED BY 37TH ADDL. CHIEF METROPOLITAN MAGISTRATE AT BANGALORE VIDE ANNEXURE – A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:54280 WP No. 37922 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE, it is prayed that is Hon’ble Court may be pleased to:- i. To set aside and quash the impugned order dated 28.11.2025 in Crl.Misc.No.7983/2025 passed by 37th Addl. Chief Metropolitan Magistrate at Bangalore vide Annexure-A. ii. Grant such other reliefs which this Hon’ble Court may deem fit and proper to grant under the circumstances of this case including the cost of these proceedings, in the interest of justice and equity.” 2. The petitioner has an effective and alternative remedy which he had already availed and the same is pending consideration. The petitioner has already approached the Debt Recovery Tribunal by questioning the possession notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as ‘SARFAESI Act’). Now, the petitioner is questioning the order passed by the XXXVII Addl. CMM Court under Section 14 of the SARFAESI Act. Several grounds are urged that the documents are forged and the partition suit is pending. This Court is not inclined to go into all these issues when already alternative remedy that is available - 4 - HC-KAR NC: 2025:KHC:54280 WP No. 37922 of 2025 to the petitioner is availed as far as notice under Section 13(4) of the SARFAESI Act is concerned. Then, this order under Section 14 of the SARFAESI Act can also be questioned before the Debt Recovery Tribunal. 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 available under the law. ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN CT:bms List No.: 1 Sl No.: 38