- 1 - HC-KAR CNR: KAHC010427442023 NC: 2026:KHC:36301 WP No. 18281 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 18281 OF 2023 (GM-RES) BETWEEN: 1. MR. GURU PRASAD S/O MR. BHOJU K AGED ABOUT 43 YEARS NEAR KELARKALBETTU SCHOOL THENKANIDIYOOR, BADAGU RASHTE UDUPI-576 001 2. MRS. PADAM POOJARTHI W/O MR. BHOJU K AGED ABOUT 36 YEARS NEAR KELARKALBETTU SCHOOL THENKANIDIYOOR, BADAGU RASHTE UDUPI-576 001 …PETITIONERS (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: THE AUTHORIZED OFFICER/ CHIEF MANAGER KARNATAKA BANK LTD ASSET RECOVERY MANAGEMENT BRANCH 3RD FLOOR, KARNATAKA BANK BUILDING Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010427442023 NC: 2026:KHC:36301 WP No. 18281 of 2023 KODIYAL BAIL MANGALURU-575 003 …RESPONDENT (BY SRI. Y.P. GOKUL, ADVOCATE-VC) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 27.07.2023 IN CRL MISC NO. 107/2023 PASSED BY THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE UDUPI (ANNEXURE-B). THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition is filed in the light of the proceedings initiated by the respondent-bank under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 2. Since effective and alternate remedy is provided under the SARFAESI Act, reserving liberty to avail such remedy, if so advised, petition is disposed of. - 3 - HC-KAR CNR: KAHC010427442023 NC: 2026:KHC:36301 WP No. 18281 of 2023 3. Time consumed in prosecuting this petition shall be considered for the purpose of condonation of delay if steps are taken within 30 days from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 45