- 1 - HC-KAR NC: 2026:KHC:29203 WP No. 17293 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 17293 OF 2026 (GM-DRT) BETWEEN: MR. T.VENKATARAMANA PAI, AGED ABOUT 41 YEARS, S/O. SHANTHARAMA PAI, PROPRIETOR OF M/S. THIRUMALA VENTAKARAMANA, TRADERS PROPRIETORSHIP FIRM, R/AT ADDRESS AT NO.2-102, MAVINAKATTE MANE, ELIYANADUGODU SIDDAKATTE, BANTWAL, DAKSHINA KANNADA, KARNATAKA - 574237 B/AT NO.1-88-70, MAVINAKATTE, CHENNAITHODI VILLAGE, BANTWAL TALUK, D.K. DISTRICT- 574324 …PETITIONER (BY SRI. VINAYAK KAMATH K., ADVOCATE) AND: 1. THE MANAGING DIRECTOR AND CHIEF EXECUTIVE OFFICER, UNION BANK, HEAD OFFICE, UNION BANK BHAVAN, 239, VINDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI-400 021 MAHARASHTRA 2. THE AUTHORIZED OFFICER, UNION BANK, SECOND FLOOR, CO-ANNEX BUILDING, PANDESHWARA, MANGALORE, KARNATAKA-575001. …RESPONDENTS (BY SMT. DIVYA PURANDAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29203 WP No. 17293 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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.Vinayak Kamath K., counsel for the petitioner appeared in person. 2. This petition is filed seeking following reliefs: (a) To quash the notice for sale of immovable properties dated 13.05.2026 bearing Ref No.OR/ARB/MNG/72/2026-27 Annexure-A issued by the respondents. (b) To issue writ of mandamus against the respondents to comply with the Annexure-D Gazette Notification dated 29.05.2015 reg No.D.L.33004/99 Extraordinary Part-II Section3 - Sub section (ii) bearing NO.1133, Annexure-E RBI Framework dated 17.03.2016 bearing ref No.RBI/2015-16/338 and No.FIDD.MSME & NFS BC No.21/06.02.31/2015-16 and Annexure-F the Covid-19 crisis, the RBI, acknowledging the unique vulnerabilities of MSMEs, introduced - 3 - HC-KAR NC: 2026:KHC:29203 WP No. 17293 of 2026 special financial support frameworks under various resolution frameworks dated 07.09.2020, 05.05.2021 and 04.06.2021 bearing ref No.RBI/2020-21/34 and No. DOR No.BP.BC/13/21.04.048/2020-21 legally mandated directives before declaring the petitioner as NPA. 3. Counsel for the petitioner urged several contentions. Heard the arguments and perused the papers with care. 4. The authorized officer has issued notice of sale of immovable properties on 13.05.2026. The petitioner's grievance is about the issuance of the notice for sale of immovable properties. The relief sought by the petitioner cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a notice for sale of immovable properties cannot be challenged by filing a writ petition. The litigants are not remediless, as the Tribunal has been established specifically to adjudicate the lis. It is significant to note that Article 226 is not intended to circumvent statutory procedures. When a right or liability is - 4 - HC-KAR NC: 2026:KHC:29203 WP No. 17293 of 2026 created by a statute which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before seeking the discretionary remedy under Article 226. The law is also well settled that a petition under Article 226 should not be entertained unless the statutory remedies are ill-suited to meet the demands of an extraordinary situation. Moreover, the Apex Court has also observed in the case of UNITED BANK OF INDIA V/S. SATYAWATI TONDON AND OTHERS that the High Courts continue to ignore the availability of statutory remedies under the DRT and SARFAESI Act and exercised jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of the Banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with great caution, care and circumspection. Hence, I decline to exercise power under writ jurisdiction. The petition is devoid of merits. Accordingly, the writ petition is dismissed. - 5 - HC-KAR NC: 2026:KHC:29203 WP No. 17293 of 2026 Because of dismissal of the 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.: 5