- 1 - HC-KAR NC: 2026:KHC:23796 WP No. 18373 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18373 OF 2024 (GM-DRT) BETWEEN: 1. MR. VINOD T.D. S/O. DORAISWAMY T. R., AGED ABOUT 40 YEARS, 2. MRS. S. HEMALATHA W/O. VINOD T. D., AGED ABOUT 32 YEARS, RESIDING AT NO.284, 7TH CROSS, SANJAY NAGAR, MARATHALLI COLONY, MARATHALLI, OPP. BRAND FACTORY, BENGALURU - 560 037. …PETITIONERS (BY SRI. KAVITHA D.,ADVOCATE) AND: 1. M/S. JANA SMALL FINANCE BANK LTD., (INCORPORATED UNDER COMPANIES ACT) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23796 WP No. 18373 of 2024 THE FAIRWAY, GROUND AND FIRST FLOOR, SURVEY NO. 10/1, 11/2 AND 12/2B, OFF DOMLUR, KORAMANGALA INNER RING ROAD, NEXT TO EGL BUSINESS PARK, CHALLAGHATTA, BENGALURU - 560 071, REP. BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. SURESH V., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE PRAYING TO A) QUASH THE DEMAND NOTICE DATED 28/03/2024 REF. NO. JSFBL/13(2)/AHL/MAR/2023-24 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURE-J DECLARING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND THE SARFAESI ACT, 2002 AND ETC. 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: 2026:KHC:23796 WP No. 18373 of 2024 ORAL ORDER There is no representation on behalf of the petitioners. 2. The present writ petition is filed seeking the following prayers: "a) Issue a writ of Certiorari by quashing the Demand Notice dated 28-03-2024 Ref. No. JSFBL/13(2)/AHL/MAR/2023-24 issued by the Respondent Bank vide ANNEXURE - J declaring that the entire recovery proceedings initiated by the Respondent against the Schedule Property are illegal & in violation of the Payment and Settlement Systems Act, 2007 and the SARFAESI Act, 2002. b) Issue writ of Mandamus to the Respondent Bank, not to take any further action against the Petitioners and their Schedule Property and to accept the Petitioners' Representation dated 29-04-2024 vide ANNEXURE - K to grant a moratorium time of three months to clear the overdue balances and regularize the loan accounts - 4 - HC-KAR NC: 2026:KHC:23796 WP No. 18373 of 2024 immediately provided the Respondent Bank reverses the irrelevant charges/top up loan applied to the loan accounts. c) Issue such other orders or direction/s as may be deemed fit to grant, including costs of the case, in view of facts and circumstances of this above case in the interest of justice and equity. 2. The writ petition is of the year 2024. The writ petition is filed against the respondent M/s. Jana Small Finance Bank Ltd., which is a private finance company. 3. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257- 259 of 2022, a writ petition against the private financial institution is not maintainable. 4. Hence, the writ petition is liable to be dismissed as not maintainable. In that view of the matter, this Court is passing the following: - 5 - HC-KAR NC: 2026:KHC:23796 WP No. 18373 of 2024 ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioners to avail the appropriate remedy before the DRT. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. The petitioners shall approach the DRT within 30 days from the date of receipt of the copy of this order. iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 11