- 1 - HC-KAR NC: 2026:KHC:7310 WP No. 3694 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3694 OF 2026 (GM-DRT) BETWEEN: SRI SHASHI KUMAR S/O KEMPAIAH, AGED ABOUT 42 YEARS, DS MAX STONE SCAPE APARTMENT, FLAT NO. 040, GROUND FLOOR, 5TH CROSS ROAD, ADJACENT TO 5TH G BLOCK, ANJANPURA LAYOUT, TULASIPURA MAIN ROAD, GOLLAHALLI VILLAGE, UTTARAHALLI HOBLI, BANGALORE 560108 …PETITIONER (BY SRI. M.V.VEDACHALA., ADV.) AND: 1. UNION BANK OF INDIA JAMBU SAVARI DINNE BRANCH, NO. 25 AND 26 RPS PLAZA Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7310 WP No. 3694 of 2026 LAKSHMAN LAYOUT, 80 FT ROAD, J P NAGAR, 8TH PHASE, JAMBU SAVARI DINNE, BANGALORE 560 003 2. THE AUTHORISED OFFICER UNION BANK OF INDIA, NO.94, KOTHNUR MAIN ROAD, PUTTENAHALLI. J P NAGAR, 7TH PHASE, RBI LAYOUT, BANGALORE 560 078 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DEMAND NOTICE DATED 05.12.2025 ISSUED BY THE RESPONDENTS UNDER SECTION 13(2) OF THE SARFAESI ACT, 2002, IN RESPECT OF THE SCHEDULE PROPERTY MARKED AS ANNEXURE-A, DIRECT THE RESPONDENT BANK TO CONSIDER THE PETITIONERS REPRESENTATION DATED 30.01.2026 MARKED ANNEXURE-C, AND PERMIT THE PETITIONER TO CLEAR THE ENTIRE OUTSTANDING LOAN DUES BY SALE OF THE SCHEDULE PROPERTY, WITHOUT PRECIPITATING COERCIVE MEASURES UNDER THE SARFAESI ACT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:7310 WP No. 3694 of 2026 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition challenging the demand notice dated 05.12.2025 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’). The impugned notice is only a notice under Section 13(2) of the SARFAESI Act. The petitioner without issuing a reply to Section 13(2) of the SARFAESI Acts, filed this writ petition. 2. The petition filed by the petitioner is premature. As per Section 13 (3A) of the SARFAESI Act, if on receipt of the notice under sub-section (2), the borrower makes any representation or raises any objection, the secured creditor shall consider such representation or objection and if the secured creditor comes to the conclusion that such representation or objection is not acceptable or tenable, he shall communicate (within fifteen days) of - 4 - HC-KAR NC: 2026:KHC:7310 WP No. 3694 of 2026 receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower. 3. The petitioner without compliance of Section 13 (3A) of the SARFAESI Act, filed this writ petition. Hence, the writ petition filed by the petitioner is premature. Hence, I do not find any grounds to entertain the writ petition. 4. According, the writ petition is dismissed. 5. A liberty is reserved to the petitioner to submit a representation/objection to the notice under Section 13(2) of the SARFAESI Act, within one week from today. Thereafter, the respondents shall consider the objection/representation and pass an appropriate order in accordance with law. - 5 - HC-KAR NC: 2026:KHC:7310 WP No. 3694 of 2026 6. Pending applications, if any, shall stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB