- 1 - HC-KAR NC: 2026:KHC:17881 WP No. 6236 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6236 OF 2026 (GM-DRT) BETWEEN: 1. MRS. SUNANDAMMA M.S., AGED ABOUT 57 YEARS W/O SADANANDAPPA HAVING PERMANENT ADDRESS AT WARD NO.1, VEDAVATHI NAGARA, HIRIYUR, CHITRADURGA DISTRICT-577 599 2. MR. RAMESH M.S., AGED ABOUT 48 YEARS S/O SRI. SADANANDAPPA M.A., HAVING PERMANENT ADDRESS AT WARD NO.1, VEDAVATHI NAGARA, HIRIYUR, CHITRADURGA DISTRICT-577 599 3. MR. SADANANDAPPA M.A., AGED ABOUT 79 YEARS C/O MRS. SUNANDAMMA M.S. HAVING PERMANENT ADDRESS AT WARD NO 1, VEDAVATHI NAGARA, HIRIYUR, CHITRADURGA DISTRICT-577 599 4. MR. RAJESH M.S., AGED ABOUT 46 YEARS S/O SRI. SADANANDAPPA M.A., HAVING PERMANENT ADDRESS AT WARD NO.1, VEDAVATHI NAGARA, HIRIYUR, CHITRADURGA DISTRICT-577 599 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17881 WP No. 6236 of 2026 5. MR. NAGRAJ M.S., AGED ABOUT 43 YEARS S/O SRI. SADANANDAPPA M.A., HAVING PERMANENT ADDRESS AT WARD NO 1, VEDAVATHI NAGARA, HIRIYUR, CHITRADURGA DISTRICT-577 599 …PETITIONERS (BY SRI. DHANUSH M., ADVOCATE) AND: ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED REPRESENTED BY THE AUTHORIZED OFFICER UNIT NO. 3, 3RD FLOOR, VISHISHTA ARCADE, NO. 2243, 23RD CROSS, BANASHANKARI 2ND STAGE, BANGALORE P.O.- 560 070 …RESPONDENT (BY SRI. B.C.AVINASH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AND SET ASIDE THE POSSESSION NOTICE DATED 13.02.2026 ISSUED BY THE RESPONDENT UNDER SECTION 13 (4) OF SARFAESI ACT, 2002 TO ILLEGALLY TAKE POSSESSION OF THE PETITIONERS RESIDENTIAL HOUSE PROPERTY, SITE NO. 26, KATHA NO. 3483/1505, ASST NO. 3483, WARD NO.1, VEDAVATI NAGAR, HIRYUR TOWN, CHITRADURGA, ANNEXURE- A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:17881 WP No. 6236 of 2026 ORAL ORDER The present writ petition is filed against Asset Reconstruction Company (India) Limited which is a private Bank and in the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against Asset Reconstruction Company (India) Limited., which is a private Bank. Accordingly, this Court is passing the following: ORDER i. The writ petition is dismissed as not maintainable and the petitioner is at liberty to avail the appropriate remedy before the DRT. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS,List No.: 1 Sl No.: 60