- 1 - HC-KAR NC: 2026:KHC:27982 WP No. 14907 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 14907 OF 2026 (GM-DRT) BETWEEN: 1. C.M.SANTHOSH KUMAR, SON OF N.MUNINANJAPPA, AGED ABOUT 45 YEARS, 2. SMT. BINDU B., WIFE OF C.M.SANTHOSHKUMAR, AGED ABOUT 40 YEARS, BOTH ARE RESIDING AT NO.424, BMS COMPLEX, CHIKKABANAVARA, BENGALURU-560 090. AND ALSO RESIDING AT BATSANDRA VILLAGE, KEMPANADODDERI POST, KORA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT-572128. …PETITIONERS (BY SRI. P. PRASAD, ADVOCATE) AND: 1. SMFG INDIA CREDIT COMPANY LTD., (PRAGATI KI PEHCHAAN), (FORMERLY FULLERTON INDIA CREDIT COMPANY LIMITED), REGISTERED OFFICE AT COMMER ZONE, IT PARK, TOWER B, 1ST FLOOR, 111, MOUNT POONAMALLEE ROAD, PORUR, CHENNAI-600116. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27982 WP No. 14907 of 2026 REPRESENTED BY ITS MANAGER, 2. THE AUTHORISED OFFICER, SMFG INDIA CREDIT, COMPANY ITD, (PRAGATI KI PEHCHAAN), (FORMERLY FULLERTON INDIA CREDIT COMPANY LIMITED), REGISTERED OFFICE AT COMMER ZONE, IT PARK, TOWER B, 1ST FLOOR, 111, MOUNT POONAMALLEE ROAD, PORUR, CHENNAI-600116. …RESPONDENTS (BY SRI. SURESH V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.P.Prasad, counsel for the petitioners and Sri.Suresh V., counsel for the respondents appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ, order or direction in the nature of certiorari, quashing the taken the possession notice dated April 25, 2026 issued same under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 by the respondents as per Annexure-K. - 3 - HC-KAR NC: 2026:KHC:27982 WP No. 14907 of 2026 (ii) Issue a writ, order or direction not to alienate or create third-party interests in respect of the schedule property, by the respondents, as per the Annexure-A. (iii) Grant such other relief or relief(s) as this Hon'ble Court may deem fit, in the circumstances of the case. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with utmost care. 4. The DRT passed an order on an interim application and directed the petitioner to deposit the amount in two installments. The first installment was to be paid on or before 02.04.2026 and the second installment was to be paid on or before 02.05.2026. The interim order passed by the DRT was not complied with. Hence, effective measures were taken by the Bank. As there is an alternate remedy is contemplated under Section 18 of the SARFAESI Act to approach DRAT. Hence, I decline to exercise power under writ jurisdiction. Accordingly, the writ petition is rejected. - 4 - HC-KAR NC: 2026:KHC:27982 WP No. 14907 of 2026 Because of rejection of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 79