- 1 - HC-KAR NC: 2026:KHC:34993 WP No. 20438 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO.20438 OF 2026 (GM-DRT) BETWEEN: SRI NARESH VITTAL RAO PISE S/O. SRI VITTAL RAO AGED ABOUT 65 YEARS NO.F-107, 2ND FLOOR, NITYA SADAN OPP. WHITE DREAM MANOR RMV 2ND STAGE, SANJAYANAGAR BENGALURU-94 …PETITIONER (BY SRI MITHUN G.A., ADVOCATE) AND: HDFC BANK REPRESENTED BY ITS AUTHORISED OFFICER GROUND FLOOR, RASHTROTHANA BHAVAN MUNICIPAL NO.3/1 WARD NO.77 NRUPATHUNGA ROAD, BENGALURU-560 001 IFSC CODE-HDFC0009764 …RESPONDENT (BY SRI FRANCIS XAVIER, 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:34993 WP No. 20438 of 2026 ORAL ORDER Sri.Mithun G.A., counsel for the petitioner and Sri.Francis Xavier, counsel 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: (i) Issue a Writ of Certiorari or any other appropriate writ, order or direction, quashing the sale notice dated 25.05.2026 published in Indian Express News Paper dated 02.06.2026 vide Annexure-A in respect of the Schedule property, together with all consequential proceedings initiated pursuant thereto, as being illegal, arbitrary, violative of the provisions of the SARFAESI Act, 2002 and the Security Interest (Enforcement) Rules, 2002; (ii) Pass such other order or direction as this Hon'ble Court may deem fit to issue in the circumstances of the case in the interest of justice and equity. 4. Counsel for the petitioner urged several contentions. Heard the arguments and perused the papers with care. - 3 - HC-KAR NC: 2026:KHC:34993 WP No. 20438 of 2026 5. The sale notice published in Indian Express Newspaper at Annexure-A is called into question on several grounds as set out in the memorandum of writ petition. 6. The authorized officer had issued sale notice under Rule 8(6) read with Rule 9(1) of the SARFAESI Act on 25.05.2026. The petitioner grievance is about the issuance of the sale notice. Any person/s who is aggrieved by the notices issued under SARFAESI Act 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 Apex Court has settled the law in a catena of decisions that a sale 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:34993 WP No. 20438 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.: 10