- 1 - HC-KAR NC: 2026:KHC:9792 WP No. 14537 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 14537 OF 2024 (GM-DRT) BETWEEN: 1. G. SANKETH S/O BHAKTHAVATSALAM, AGED ABOUT 28 YEARS, BRIGADE MEADOWS, A-18/G-2, GROUND FLOOR, KANAKAPURA MAIN ROAD, NEXT T RAVISHANKARA ASHRAMA BANGALORE - 560072. 2. G BHAKATAVATSALAM P S/O LATE PANDURANGAIAH, AGED AOBUT 53 YEARS, NO. 21/2, 4TH CROSS, NEAR RANI PARK, WILSON GARDEN, BANGALORE - 560027. …PETITIONERS (BY SRI. VISHAL TIWARI, ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9792 WP No. 14537 of 2024 AND: 1. THE AUTHORIZED OFFICER, BRANCH MANAGER, M/S PNB HOUSING FINANCE LTD., REPT BY PROPERTY BEARING NO. 5, MATHUSHREE ARCADE, 100 FT RING ROAD, 1ST PHASE, 2ND STAGE, BTM LAYOUT, BANGALORE - 560076. …RESPONDENT (BY SRI. V SURESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE POSSESSION NOTICE DTD 16.05.2019 VIDE ANNEXURE-B AND TO RESTORE THE SA NO. 219/19, APPEAL, AS PER THE LEGAL VIOLATIONS COMMITTED BY RESPONDENT BANK UNDER SARFAESI ACT, LISTED IN THE APPEAL GROUNDS; DIRECT THE RESPONDENT BANK TO RETURN THE DOCUMENTS HANDED OVER AT THE TIME OF TAKING OF LOAN, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9792 WP No. 14537 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition challenging the possession notice dated 16.05.2019 vide Annexure-B and to restore SA No. 219 of 2019 on the file of the Debts Recovery Tribunal-II, Karnataka at Bengaluru (‘DRT’ for short). 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The respondent issued a demand notice dated 24.05.2018 to the petitioners. Further, the respondent issued a possession notice dated 16.05.2019. The petitioners, aggrieved by the possession notice issued by the respondent-Bank filed SA No. 219 of 2019 before the DRT. The DRT dismissed the securitisation application on 27.04.2023. The petitioners, aggrieved by the order passed by the DRT in SA No. 219 of 2019, filed this petition. - 4 - HC-KAR NC: 2026:KHC:9792 WP No. 14537 of 2024 3. The order passed by the DRT in SA No. 219 of 2019 is an appealable order under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short). The petitioners, without exhausting the equal efficacious remedy, filed this writ petition. Hence, the writ petition filed by the petitioners is not maintainable in view of the proposition of law laid down by the Hon'ble Apex Court in the case of Rikhab Chand Jain Vs. Union of India and Others1. Hence, I do not find any grounds to entertain this petition. 4. Accordingly, the writ petition is dismissed reserving a liberty in favour of the petitioners to challenge the impugned order before the Debts Recovery Appellate Tribunal under Section 18 of the SARFAESI Act within a period of 1 month from today. 1 2025 SCC OnLine SC 2510 - 5 - HC-KAR NC: 2026:KHC:9792 WP No. 14537 of 2024 5. If the petitioners approach the Appellate Tribunal within 1 month, the petitioner is entitled for the benefit of Section 14 of the Limitation Act, 1963. 6. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 5