- 1 - HC-KAR NC: 2026:KHC:14685 WP No. 23364 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23364 OF 2024 (GM-DRT) BETWEEN: 1. MR. JAYARAJ KODIAH S/O LATE SRI KODIAH AGED ABOUT 65 YEARS RESIDING AT MIG NO 116/A AND B, GTK BADAVANE, KHB 4TH STAGE, KUVEMPUNAGAR, MYSORE 570026. …PETITIONER (BY SRI. GURU PRASAD A., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER THE EDELWEISS ASSET RECONSTRUCTION COMPANY LTD., NO 3, 2ND FLOOR, MANANDI PLAZA, ST MARKS ROAD, BENGALURU 560001 AND ALSO REGISTERED OFFICE EDELWEISS HOUSE, OFF CST ROAD, KALINA, MUMBAI 400098 REG. COMPANIES ACT. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED DEMAND NOTICE DTD 24.07.2024 ISSUED BY THE RESPONDENT BANK UNDER SECTION 13(2) OF THE SECURITIZATION ACT 2002 AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR DISMISSAL, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14685 WP No. 23364 of 2024 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present Writ Petition is filed seeking the following prayer: "Wherefore, the Petitioner herein most respectfully prays that this Hon'ble Court may be pleased to:- A. Issue a writ of certiorari or any other writ by quashing the impugned Demand Notice dated 24.07.2024 issued by the respondent Bank under Section 13(2) of the Securitization Act, 2002 at Annexure-A." B. Issue any other writ or directions to the respondent Bank as this Hon’ble Court may deems fit and proper, in the circumstances of the case. C. Grant the cost of this petition to the petitioner. D. Grant such other relief’s as this Hon'ble Court may deems fit and proper, in the circumstances of the case, in the interest of justice and equity." 2. The petitioner has questioned the notice issued under Section 13(2) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred as 'SARFAESI Act', for short). The remedy available to the petitioner is to issue a reply to the said notice, but he cannot come before this Court by filing a Writ Petition. - 3 - HC-KAR NC: 2026:KHC:14685 WP No. 23364 of 2024 3. It is submitted that after this 13(2) notice, petitioner has paid certain amount and the Bank has not taken any further proceedings. It is submitted that if the Bank initiates any further proceedings, liberty may be granted to the petitioner to avail the appropriate remedy. 4. Considering the submission of learned counsel for the petitioner, 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 in case Bank takes any further step in accordance with law. ii. All Pending IAs., if any, in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE HNM List No.: 1 Sl No.: 6