- 1 - HC-KAR NC: 2026:KHC:19870 WP No. 18801 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 18801 OF 2022 (GM-DRT) BETWEEN: 1. SMT. SHANTHI S. AGED ABOUT 52 YEARS R/AT SITE NO.10 V P KATHA NO.778/10 AND SITE NO.19 V P KATHA NO.778/19 KRISHNARAJAPURA VILLAGE ROBERTSONPET HOBLI BANGARPET TALUK - 563 114 2. SRI P A SARAVANAVEL AGED ABOUT 52 YEARS R/AT SITE NO.10, V.P. KATHA NO.778/10 AND SITE NO.19, V.P. KATHA NO.778/19 KRISHNARAJAPURA VILLAGE ROBERTSONPET HOBLI BANGARPET TALUK - 563 114 3. SMT. DIVYASHREE S. AGED ABOUT 24 YEARS R/AT SITE NO.10 V P KATHA NO.778/10 AND SITE NO.19 V P KATHA NO.778/19 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19870 WP No. 18801 of 2022 KRISHNARAJAPURA VILLAGE ROBERTSONPET HOBLI BANGARPET TALUK - 563 114 …PETITIONERS (BY SRI. DR.S.ARUMUGHAM.,ADVOCATE) AND: SRI M VISVESVRAYA CO-OPERATIVE BANK LIMITED REP BY ITS AUTHORIZED SIGNATORY MR. GANESH L. CHIEF MANAGER AND AUTHORIZED SIGNATORY NO.109, CORPORATE OFFICE 2ND FLOOR, SHANKARMUTT ROAD SHANKARPURAM BENGALURU - 560 004 …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED PASSED BY THE CHIEF JUDICIAL MAGISTRATE, KOLAR IN C.MIS.66/2021 DATED 22.6.2022 UNDER SECTION 14(1) OF THE SARFAESI ACT, 2002, VIDE ANNEXURE-G 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:19870 WP No. 18801 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayers: "i)Issue a writ of certiorari or any other writ or direction, quashing the impugned order dated passed by the Chief Judicial Magistrate, Kolar, in C.Mis.66/2021 dated 22.6.2022 under Section 14(1) of the SARFAESI Act, 2002, vide Annexure- G in the interest of justice and equity. ii) Declare that the appointment of Court Commissioner, i.e. respondent No.2 under Section 14(1) of the SARFAESI Act, 2002, as without jurisdiction in C.Mis.66/2021 dated 22.6.2022 by the CJM, Kolar, vide Annexure-G; iii) Grant such other relief/s as this Hon'ble Court deems fit to grant, including costs under the facts and circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:19870 WP No. 18801 of 2022 2. The writ petition is of the year 2022. The writ petition is filed against M/s. Sri M. Visvesvaraya Co-operative Bank Limited, which is a private financial company. 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. 3. 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 Debt Recovery Tribunal. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. In light of the interim order granted by the Co-ordinate Bench of this Court on - 5 - HC-KAR NC: 2026:KHC:19870 WP No. 18801 of 2022 20.09.2022, the respondent shall not take any coercive action for a period of 4 weeks from the date of receipt of a copy of this order. iv. Pending IAs., if any, shall stand closed SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 6