- 1 - HC-KAR NC: 2026:KHC:23793 WP No. 7574 of 2025 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. 7574 OF 2025 (GM-DRT) BETWEEN: 1. M/S. VITTALS MEDICARE PVT, LTD NO.270, 1ST FLOOR, DOMLUR 2ND STAGE, INDIRANAGAR, BENGALURU 560 071. REPRESENTED BY ONE OF ITS DIRECTORS, SRI. KABIR DAS R. 2. SRI. KABIR DAS R. S/O. SRI. RAJAMANICKAM AGED ABOUT 40 YEARS, 3. DR. KANCHANA, W/O. SRI. KABIR DAS R., AGED ABOUT 38 YEARS. THE PETITIONER NOS.2 AND 3 ARE: R/AT NO.160, SHARVA KUNJA, 9TH CROSS, MYSORE BANK COLONY, BSK 1ST STAGE, BENGALURU 560 050 …PETITIONERS (BY SRI. ADITYA KARTHI K, ADVOCATE AND SRI. HARSHA SWAROOP. P, ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23793 WP No. 7574 of 2025 AND: 1. M/S. SIR M VISVESVARAYA CO OPERATIVE BANK LTD (REGISTERED UNDER THE COOPERATIVE SOCIETIES ACT) NO. 109, CORPORATE OFFICE, 2ND FLOOR, SHANKARMUTT ROAD, SHANKARPURAM, BENGALURU 560 004. IFSC MVCB0000002 REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. B.A. SREEDHAR …RESPONDENT (BY SRI. SMT MOUNIK M, ADVOCATE AND SRI. K.V. LOKESH, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 09-05-2024 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURE-D DECLARING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTIES ARE ILLEGAL AND IN VIOLATION OF SARFAESI ACT, 2002. 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:23793 WP No. 7574 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayers: "a) Issue a writ of Certiorari by quashing the Possession Notice dated 09-05-2024 issued by the Respondent Bank vide ANNEXURE D declaring that the entire recovery proceedings initiated by the Respondent Bank against the Schedule Properties are Illegal & in violation of SARFAESI Act, 2002. b) Issue writ of mandamus to Respondent Bank not to take any action against the Petitioner No.2 and the Schedule Properties under the petition filed in Crl. Misc. No.50684/2024 and to accept the Petitioners' request to regularize his term loan account by restructuring the same and to renew his cash credit facility to enable them to carry on with their business to repay the said loans. c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity." - 4 - HC-KAR NC: 2026:KHC:23793 WP No. 7574 of 2025 2. The writ petition is of the year 2025. The writ petition is filed against the respondent M/S. Sir M Visvesvaraya Co-operative Bank Ltd, which is not nationalized Bank. 3. A Coordinate Bench of this court by order dated 18.03.2025, directed the petitioners to pay 5% of the amount on or before 30.03.2025, another 5% of the amount on or before 15.04.2025 and another 10% of the amount within 4 weeks thereafter. According to the learned counsel for the petitioners, the said interim order has been complied with. According to the learned counsel for the respondent Bank, the petitioner have not complied with the interim order. 4. The writ petition is filed against the M/S. Sir M Visvesvaraya Co-operative Bank Ltd., which is a private Bank. 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 and S.Shobha Vs. Muthoot Finance Ltd.1 a writ petition against the private financial institution is not maintainable. 1 2025 INSC 117 - 5 - HC-KAR NC: 2026:KHC:23793 WP No. 7574 of 2025 5. Hence, the writ petition is liable to be dismissed as not maintainable. In that view of the matter, this Court is passing the following: 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. As the interim order is operating from 18.03.2025, the same shall continue for a period of 30 days from the date of receipt of the copy of this order. iv. If the petitioners have placed any document to show that they have deposited the amount, the Bank shall refund the amount to the petitioners. v. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 26