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2026 DAILYLAW 19054 (KAR)

SRI. NATARAJ. K v. CENTRAL BANK OF INDIA

WP/22534/2022 · 2026-06-03

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25971 WP No. 22534 of 2022 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. 22534 OF 2022 (GM-DRT) BETWEEN: SRI. NATARAJ K., S/O. LATE KENCHAVEERAPPA, AGED ABOUT 50 YEARS, RESIDING AT FIRST FLOOR, NO.1355, 6TH MAIN ROAD, 11TH CROSS, NAGAPURA, BASAVESHWARA NAGAR, 2ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMI PURAM POST, BENGALURU-560 086. …PETITIONER (BY SRI. GIRISHA T.R., ADVOCATE) AND: 1. CENTRAL BANK OF INDIA, REPRESENTED BY ITS CHIEF MANAGER/AUTHORIZED OFFICER, SARAKKI LAYOUT BRANCH, NO.1316/C, 9TH CROSS ROAD, SARAKKI INDUSTRIAL LAYOUT, MARENAHALLI 2ND STAGE, J.P.NAGAR, BENGALURU-560 078. 2. SRI. K.S.PRASAD, S/O. LATE KENCHAVEERAPPA, AGED ABOUT 53 YEARS, R/O. "SPOORTHI NILAYA", NO. 421, 6TH MAIN, NAGAPURA, NEAR NANDINI THEATRE, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25971 WP No. 22534 of 2022 WEST OF CHORD ROAD, BENGALURU-560 086. 3. M/S. POORNIMA INFRASTRUCTURE (I) PRIVATE LIMITED, (REGISTERED UNDER THE COMPANIES ACT) NO.421, 6TH MAIN, 12TH CROSS, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BENGALURU-560 086, REPRESENTED BY ITS PROPRIETRIX, SMT. POORNIMA, W/O. K.S.PRASAD, AGED ABOUT 47 YEARS. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Girisha.T.R., counsel for the petitioner appeared in person. 2. Though the petition is listed today for preliminary hearing, it is heard. 3. The petition is filed seeking following reliefs: I. Issue a writ of certiorari or any other writ or direction, quashing the notice under Section 13(2) of SARFAESI Act, - 3 - HC-KAR NC: 2026:KHC:25971 WP No. 22534 of 2022 2002 dated:04.05.2022 in No.CBI/SARAKK/2022-23 issued by the Central Bank of India, respondent No.3 vide Annexure-J. II. Issue a writ of certiorari or any other writ or direction, quashing the order under Section 14 of SARFAESI Act, 2002 passed by the V Addl. Chief Metropolitan Magistrate, at Bengaluru dated:25.02.2022 vide Annexure-G. III. Issue a writ of mandamus or any other writ or direction, directing the respondent bank to handover first floor portion belonging to the petitioner to meet the ends of justice. IV. Grant such other order or direction as deems fit to grant in the facts and circumstances of the case. 4. Counsel for the petitioner urged several contentions. Heard the arguments and perused the papers with care. 5. Suffice it to note that the first respondent had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.5251/2021 and the Court vide order dated:25.02.2022 had allowed the petition. The order passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as there is an alternate remedy of filing an appeal before the DRT. The law is settled by the Apex Court in catena of decisions that notice issued under Section 13(2) of - 4 - HC-KAR NC: 2026:KHC:25971 WP No. 22534 of 2022 the SARFAESI Act cannot be questioned by filing a writ petition. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is dismissed. Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 3