- 1 - HC-KAR NC: 2025:KHC:54368 WP No. 27909 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 27909 OF 2025 (GM-DRT) BETWEEN: SMT. MANASA B.L., W/O LATE MAHESH KUMAR C., AGED ABOUT 39 YEARS, R/AT NO. 39, 7th CROSS, 18TH MAIN, BTM LAYOUT, 1ST STAGE, BENGALURU - 560 029 …PETITIONER (BY SRI. M.S.NAGARAJA, ADVOCATE) AND: THE GENERAL MANAGER / THE AUTHORISED OFFICER THE MANAGER CITY CO-OPERATIVE Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54368 WP No. 27909 of 2025 BANK LIMITED, NO. 3 PAMPAMAHAKAVI ROAD, CHAMARAJPET BENGALURU -560 018 …RESPONDENT (BY SRI. K.V.LOKESH, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANK TO CONSIDER THE ONE TIME SETTLEMENT PROPOSAL SUBMITTED BY THE PETITIONER UNDER REPRESENTATION DATED 31.12.2024 VIDE ANNEXURE-D AND SUBSEQUENTLY REQUESTED THE SAME UNDER THE REPLY DATED 05.05.2025 AND 10.07.2025 VIDE ANNEXURE-G AND J. 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:54368 WP No. 27909 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: i) Issue a Writ of Mandamus or any other appropriate Writ directing the Respondent Bank to consider the onetime settlement proposal submitted by the petitioner under representation dated 31.12.2024 vide Annexure-D and subsequently requested the same under the reply dated 05.05.2025 and 10.07.2025 vide Annexure- G & J; ii) Issue a Writ of Certiorari or appropriate Writ or Direction to quash the demand notice issued by the Respondent Bank under Section 13(2) of the SARFAESI Act, 2002 dated16.04.2025 vide Annexure-F and possession notice issued under Rule 8(1) of the Security Interest Enforcement Rules 2002 dated 07.07.2025 vide Annexure-H; iii) Issue a Writ or appropriate direction to the Respondent Bank not to proceed against the Petitioner in respect of schedule property under the provisions of SARFAESI Act, 2002 without considering the representation made by the Petitioner for seeking onetime settlement. iv) To pass any other writ or any direction which may appropriate to pass in the facts and the circumstances of the above case in the interest of justice and equity. 2. On 04.11.2025 this Court had directed the respondent/Bank not to take any coercive steps. Recording the - 4 - HC-KAR NC: 2025:KHC:54368 WP No. 27909 of 2025 contention of the Learned Counsel appearing for the petitioner, that notice was issued on 13.02.2025 and 16.04.2025 and under Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred as ‘SARFAESI Act’) a reply was given on 05.05.2025 and the bank gave reply on 16.07.2025. 3. Learned counsel appearing for the respondent/bank submits that no acknowledgment is filed and they have not received the same. Learned counsel appearing for the petitioner submits that he has an acknowledgment and he will file the same before this Court. 4. This Court has directed the matter to be listed on 24.11.2025 and till such time the bank shall not to take any coercive steps. On 09.12.2025 when this matter came up this Court has passed an order that the petitioner shall give a proposal to respondent/Bank and the Bank shall come up with their response and if the proposal is not given by the next date of hearing, the stay granted by this Court shall stand vacated. - 5 - HC-KAR NC: 2025:KHC:54368 WP No. 27909 of 2025 5. Having heard the learned counsels on either side, perused the entire material on record. Learned counsel appearing for the petitioner submits that they have given the proposal to the bank. Then learned counsel appearing for the bank submits that it is not acceptable to the bank. Further the learned counsel for the petitioner submits that the proposal is not clear. This Court do not inclined to go into all those issues, this Court cannot compel the bank to accept the proposal given by the petitioner. This Court could not find any reasons to quash the notice dated 16.04.2025 issued by the Bank under section 13(2) of the SARFAESI Act. If the petitioner is aggrieved by any of the action that is taken by the bank, he is at liberty to avail the appropriate remedy. Accordingly, this Court is passing the following: ORDER i. The writ petition is disposed of giving liberty to the petitioner to approach the DRT. ii. For a period of six weeks from today, the respondent/bank shall not take coercive steps. - 6 - HC-KAR NC: 2025:KHC:54368 WP No. 27909 of 2025 iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 19