- 1 - HC-KAR NC: 2026:KHC:32100 WP No. 15987 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 15987 OF 2026 (GM-DRT) BETWEEN: SMT. KANTHAMMA SHAMANNA, W/O. Y.B.SHAMANNA, AGED ABOUT 66 YEARS, R/O. NO.48, 1ST CROSS, HEGGANAHALLI MAIN ROAD, BEHIND GANESHA TEMPLE, HEGGANAHALLI, BENGALURU-560091. …PETITIONER (BY SRI. SHIVAYOGESH SHIVAYOGIMATH, ADVOCATE FOR SMT. RATNA N.SHIVAYOGIMATH, ADVOCATE) AND: UNION BANK OF INDIA, ASSET RECOVERY BRANCH, NO.2/3, RAJA BUILDING, N.R. ROAD, BENGALURU- 560 002. REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SRI. SAI VARDHAN, ADVOCATE FOR SMT. DIVYA PURANDAR, ADVOCATE) 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: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32100 WP No. 15987 of 2026 ORAL ORDER Sri.Shivayogesh Shivayogimath, counsel on behalf of Smt.Ratna N.Shivayogimath, for the petitioner and Sri.Sai Vardhana, counsel on behalf of Smt.Divya Purandar, for the respondent appeared in person. 2. Though the matter is listed today for preliminary hearing, it is heard. 3. This petition is filed seeking following reliefs: a) Issue a writ, order or direction in the nature of Certiorari quashing the auction notice bearing No. OR/UBI/ARB/BNG/85/2026-27 dated 08-05-2026 issued by the respondent Bank vide Annexure-G. with respect to petitioner is concerned. b) Issue a writ, order or direction directing the respondent Bank to reconsider the request dated 20.3.2026 of the petitioner for extension/revival of the One Time Settlement facility and permit the petitioner to pay the balance amount within such reasonable time Vide Annexure-F. c) Issue such other writ, order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:32100 WP No. 15987 of 2026 4. Counsel for the petitioner urged several contentions. Heard the arguments and perused the papers with care. 5. The authorized officer had issued auction notice on 08.05.2026. The petitioner's grievance is about the issuance of auction notice. Any person/s served with SARFAESI Act notices are not powerless. They have a liberty of filing objections and also approach DRT under Section 17 of the Act, appealing to the Tribunal if needed. 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 auction notice 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 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 - 4 - HC-KAR NC: 2026:KHC:32100 WP No. 15987 of 2026 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. The petition is devoid of merits. 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 SS List No.: 1 Sl No.: 31