Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25975 WP No. 17389 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 17389 OF 2025 (GM-DRT) BETWEEN:
1. T.B.CHANDRASHEKAR, AGED ABOUT 45 YEARS, S/O LATE T.S.BASAVARAJU,
2. H.B.ANITHA, AGED ABOUT 43 YEARS, W/O T.B.CHANDRASHEKAR,
BOTH HAVING ADDRESS AT NO.1036 SKANDA MOTORS, DR. RAJKUMAR ROAD, 4TH BLOCK, RAJAJINAGAR, BENGALURU-560010. …PETITIONERS (BY SRI. VINAYA KEERTHY M., ADVOCATE)
AND:
ICICI BANK LTD., BRANCH OFFICE AT NO.807, ELEPHANT ROCK ROAD, 3RD BLOCK, JAYANAGAR, BENGALURU-560 011.
REPRESENTED BY ITS AUTHORISED OFFICER …RESPONDENT (BY SRI. B.S.JEEVAN KUMAR, ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25975 WP No. 17389 of 2025
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.Vinaya Keerthy M., counsel for the petitioners and Sri.B.S.Jeevan Kumar, counsel for caveator / respondent appeared in person.
2. The petition is filed seeking the following reliefs: (a) Issue a writ of certiorari quashing the impugned possession notice dated 06.07.2024 (Annexure-F) by the respondent. (b) Pass such other relief/s as this Hon'ble Court deems fit and proper in the interest of justice and equity.
3. Counsel for the respective parties urged several
contentions. Heard the arguments and perused the papers with care.
4. Suffice it to note that the respondent had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.500/2025 and the Court vide
order dated:09.05.2025 had allowed the petition. There is an alternate remedy of filing an appeal before the DRT as against
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HC-KAR NC: 2026:KHC:25975 WP No. 17389 of 2025
the order passed under Section 14 of the SARFAESI Act. The petitioners grievance is about the issuance of the possession notice. The relief sought by the petitioners cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a possession notice cannot be challenged by filing a writ petition. The petition is devoid of merits. Accordingly, the writ petition is dismissed.
Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 15