- 1 - HC-KAR NC: 2025:KHC:54369 WP No. 32041 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. 32041 OF 2025 (GM-DRT) BETWEEN: MRS. SHWETHA SUBHASHCAHANDRA BHAGWAT W/O ANSHUMAN BHANDARI AGED ABOUT 47 YEARS R/O NO. 129 REDIANT ENCLAVE SUNCITY ROAD, KENGERI SATELLITE TOWN VTC: KENGERI PO: KENGERI DISTRICT: BENGALURU KARNATAKA -560 060 …PETITIONER (BY SRI. B.V.M.ADEKAR, ADVOCATE) AND: THE MANAGER THE ICICI BANK LIMITED REG OFFICE: ICICI BANK TOWER R/O NEAR CHAKI CIRCLE OLD PADRA ROAD, VADODARA -390 007 GUJARAT CORPORATE OFFICE R/O ICICI BANK TOWERS BANDRA KURLA COMPLEX MUMBAI -400 051 WWW.icicibank.com ALSO AT R/O NO. 4/10 MYTHEREE TOWER Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54369 WP No. 32041 of 2025 BOMMANHALLI HOSUR MAIN ROAD BENGALURU KARNATAKA -560 068 …RESPONDENT (BY SRI. SURESH V., ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER TO QUASH THE LIST OF THE POSSESSION NOTICE UNDER SECTION 13(14) OF SARFAESI ACT, DATED 13.10.2025 ISSUED BY THE ICICI BANK LIMITED AND SUBSEQUENTLY TAKING POSSESSION OF THE PROPERTY OF THE UNDIVIDED RIGHT, TITLE AND INTEREST WITHIN THE PLINTH AREA OF THE LAND COVERED IN THE BUILDING WITHIN THE PROJECT KNOWN AS TORINO WITH RESPECT TO APARTMENT NOS.205 AND 206 SITUATED ON 2ND FLOOR IN THE SAID BUILDING ADMEASURING 59 SQFT (UDS SHARE IN SQUARE FEET PROPORTIONATE TO 595 SQ.FT. IN THE SUPER BUILT UP AREA IN THE SAID BUILDING TOGETHER WITH 02 CAR PARKING WITH RESPECT TO 2 APARTMENTS IN THE PROJECT STANDING ON ALL THAT PIECE AND PARCEL OF LAND ADMEASURING 522.48 SQ.MTS. EQUIVALENT TO 5624 SQ. FT OUT OF TOTAL EXTENT OF 3 ACRES AND 19 GUNTAS IN SURVEY NUMBER 330 SITUATED AT BEGUR VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU, KARNATAKA-560 068, IS HEREBY DOCUMENT'S PRODUCED AT ANNEXURE-A AND B, OF THIS WRIT PETITION. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:54369 WP No. 32041 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: a) Issue a writ of mandamus or any other appropriate writ, direction or order to quash the list of the POSSESSION NOTICE under section 13(14) of SARFAESI ACT, dated 13.10.2025 issued by THE ICICI Bank Limited against to the Petitioner's above said schedule Property, is hereby Document's produced at ANNEXURE-B, of this writ petition. b) Pass such order or orders as this Hon’ble Court deems fir in the circumstances of the case. 2. Petitioner is questioning the notice issued under 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) and the also the possession notice issued under 13(4) of the SARFAESI Act, 2002. It is submitted that the petitioner’s daughter is undergoing a critical medical surgery, as such the petitioner is not in a position to approach the bank and settle the disputes. Hence a reasonable time may be granted by this court. 3. Learned counsel appearing for the bank submits that the outstanding loan amount is Rs.70,27,784/- and to - 4 - HC-KAR NC: 2025:KHC:54369 WP No. 32041 of 2025 regularize the account, the amount that is supposed to be paid is Rs.25.00 Lakhs. 4. Having heard the learned counsels on either side, perused the entire material on record. If the petitioner is aggrieved by the order passed under Section 13(4) of the SARFAESI Act, the remedy that is available to the petitioner is to approach the DRT under Section 17 of the SARAFAESI Act. 5. Accordingly, this Court is passing the following: ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. The Bank shall not take any coercive steps for a period of six weeks from today. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS/List No.: 1 Sl No.: 20