- 1 - HC-KAR NC: 2026:KHC:24662 WP No. 12570 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 12570 OF 2026 (GM-DRT) BETWEEN: 1. RISHI SRI VIDYANIKETHANA ICHANAHALLI VILLAGE, KASBA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT HASSAN, KARNATAKA - 573 211 MOB- 9900140183 EMAIL: RISHISRIHNP@GMAIL.COM REP. BY ITS MEMBER SURESH CHANDRA 2. SURESH CHARAKARA S/O KUMAR NAIR, AGED ABOUT 59 YEARS. MEMBER RISHI SRI VIDYANIKETHANA NAGARJUNA NILAYA, DR LOHIYA ROAD, NEAR MCE LADIES HOSTEL, VIDYA NAGARA, HASSAN, KARNATAKA - 573 201 MOB: 9900140183 3. ROOPKALA W/O SURESH CHARAKARA AGED ABOUT 52 YEARS NAGARJUNA NILAYA, DR LOHIYA ROAD, NEAR MCE LADIES HOSTEL, VIDYA NAGARA, HASSAN, KARNATAKA - 573 201 MOB: 9900140183 Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24662 WP No. 12570 of 2026 4. SHRI. K.S. JAYA KUMAR, NO.21, 17TH B MAIN, 6TH BLOCK, KATHALIPALYA, KORMANGALA, BANGALORE - 560 095. …PETITIONERS (BY SRI. GOUTHAM A.R, ADVOCATE) AND: CLIX CAPITAL SERVICES PRIVATE LIMITED (NBFC) COMPANIES ACT - 2013 (FORMERLY KNOWN AS GE MONEY FINANCIAL SERVICES PVT. LTD.) REGD. OFFICE W2/14, 1ST FLOOR, WEST PATEL NAGAR, DELHI - 110 008 REPRESENTED BY IT AUTHORIZED OFFICER OFFICE AT 53/1, (NEW NO.159) 2ND FLOOR, RICHMOND ROAD, BANGALORE - 560 025. …RESPONDENT THIS WP IS FILED UNER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE NOTICE DATED 17.3.2026 UNDER SECTIONS 13(2) AND 13(4) OF SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (SARFAESI ACT) (ANNEXURE-A AND B) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY - 3 - HC-KAR NC: 2026:KHC:24662 WP No. 12570 of 2026 ORAL ORDER The petitioners are before this Court seeking for the following reliefs: "I. Issue a Writ in the nature of certiorari to quash and set aside the SALE NOTICE FOR SALE OF IMMOVABLE ASSESTS UNDER THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSESTS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 ('The SARFAESI Act, 2002') READ WITH PROVISO TO RULE 8(5) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 dated 17.3.2026 issued by the respondent at Annexure-A. II. To grant any other relief/relief's to the petitioner, which this Hon'ble Court deems, fit to grant in the facts and circumstances of the case in the interest of justice and equity." 2. A perusal of the material on record would go to show that the Bank has already initiated proceedings under Sections 13(2) and 13(4) of the Securitization and Reconstruction of Financial Assests And Enforcement of Security Interest Act, 2002 ('the SARFAESI Act', for short) and as against the same the petitioners have efficacious and alternate remedy before the Debt Recovery Tribunal. - 4 - HC-KAR NC: 2026:KHC:24662 WP No. 12570 of 2026 3. The Hon'ble Supreme Court in the case of M/S. SOUTH INDIAN BANK LTD. & Ors. Vs. NAVEEN MATHEW PHILIP & Another reported in (2023) 17 SCC 311, having reiterated in its earlier judgments has deprecated the practice of High Courts entertaining the writ petition as against the proceedings initiated under provisions of the SARFAESI Act, wherein the parties have a remedy of filing an appeal before the Competent Authority. Under the circumstances, I am not inclined to entertain this petition. Accordingly, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE JY List No.: 2 Sl No.: 34