- 1 - HC-KAR NC: 2026:KHC:7601 WP No. 4323 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4323 OF 2022 (GM-RES) BETWEEN: M/S CDEF INFRA PVT LTD OFFICE AT NO.18 4TH CROSS ROAD, RAMANJANEYA LAYOUT MARATHALLI, BANGALORE- 560 037. REP BY DIRECTOR R VISHWA, AGE 54 YEARS. …PETITIONER (BY SRI. PRAVEEN KUMAR B H., ADVOCATE- ABSENT) AND: THE AUTHORISED OFFICER UNION BANK OF INDIA SC ROAD BRANCH NO.71/1, BRIGADE PLAZA S C ROAD, NEAR ANAND RAO CIRCLE BANGALORE- 560 009 …RESPONDENT (BY SRI. PRADEEP PATIL, ADVOCATE FOR SRI. MONESH KUMAR K B., ADVOCATE) Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7601 WP No. 4323 of 2022 THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-ISSUE DIRECTION RESTRAINING THE RESPONDENT FROM TAKING THE POSSESSION OF THE SCHEDULE PROPERTY IN PURSUANCE OF THE POSSESSION NOTICE DATED 28.01.2022 AND 29.01.2022 AT ANNEXURE-A AND B ISSUED BY THE RESPONDENT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER None appears for the petitioner. 2. The petition is filed seeking the following reliefs: “(a) Issue a writ/order/direction restraining the respondent from taking the possession of the schedule property in pursuance of the possession notice dated 28.01.2022 and 29.01.2022 at Annexure-A and B issued by the respondent. (b) Issue any other appropriate writ or order or directions this Hon'ble Court deems fit to grant in facts and circumstances of the case in the interest of justice and equity. (c) For award of cost of this proceedings and - 3 - HC-KAR NC: 2026:KHC:7601 WP No. 4323 of 2022 (d) Grant such other order or directions as the Hon'ble Court deems fit under the circumstances of the case.” 3. The Respondent-Bank has initiated proceedings in terms of the provisions of the Section-13 read with Rule 8 of the SARFAESI Act, 2002 seeking enforcement of the Security. 4. This Court on 24.02.2022, had passed the following interim order: “Issue emergent notice. Interim order as prayed for, subject to petitioner paying to the respondent-Bank, 30% of the amount due as under: i) 10% within two weeks; ii) another 10% within next two weeks; and, iii) the remainder i.e., 10% within two weeks next following; failing which, not only interim order stands rescinded but the writ petition runs the risk of being rejected on that ground alone.” - 4 - HC-KAR NC: 2026:KHC:7601 WP No. 4323 of 2022 5. There has been no representation on behalf of the learned counsel for the petitioner. 6. Notwithstanding the same, since there is an alternative remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, reserving liberty to the petitioner to avail such remedy as permissible under law, writ petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE JJ List No.: 1 Sl No.: 23