- 1 - HC-KAR CNR: KAHC010134632023 NC: 2026:KHC:36400 WP No. 6010 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 6010 OF 2023 (GM-DRT) BETWEEN: M/S. MARUTHI CREATIONS, A PARTNERSHIP FIRM, SON OF SRI. MUTHAIAH, RESIDING AT NO.49, HOSABEEDHI, KANAKAPURA TOWN, KOTE, KANAKAPURA, RAMANAGARA DISTRICT-562117. REPRESENTED BY ITS PARTNER, SRI. RAMAIAH K.M., AGED ABOUT 51 YEARS, (SECTION 58(1) OF THE INDIAN PARTNERSHIP ACT 1932). …PETITIONER (BY SRI. MADHUKAR NADIG, ADVOCATE) AND: M/S. UNION BANK OF INDIA, REPRESENTED BY ITS AUTHORIZED OFFICER/CHIEF MANAGER, CANTONMENT BRANCH NO.21, ULSOOR ROAD, OPP. TELEPHONE EXCHANGE, BENGALURU-560042. …RESPONDENT (BY SRI. PRABHU RAO C.B., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010134632023 NC: 2026:KHC:36400 WP No. 6010 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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.Madhukar Nadig, counsel for the petitioner and Sri.Prabhu Rao C.B., counsel for the respondent appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari quashing possession notice, issued by the bearing No.13(4) dated 31.01.2023 produced as Annexure-C. (ii) Pass such other order orders as this Hon'ble court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. - 3 - HC-KAR CNR: KAHC010134632023 NC: 2026:KHC:36400 WP No. 6010 of 2023 4. The authorized officer of the Bank issued Possession notice on 31.01.2023. The petitioner's grievance is about the issuance of the possession notice. Any person/s served with SARFAESI Act notices under Section 13(2) and 13(4) 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 demand/ possession 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 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. - 4 - HC-KAR CNR: KAHC010134632023 NC: 2026:KHC:36400 WP No. 6010 of 2023 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 Apex Court in Phoenix Case's has held that filing of writ petition before the High Court under Article 226 of Constitution of India is an abuse of process of the Court. It is also observed that whenever a notice is issued under Section 13(2) and 13(4) of the SARFAESI Act, a litigant has statutory efficacious remedy by filing an appeal under the SARFAESI Act, and has cautioned the High Courts not to entertain the writ petitions. The petition is devoid of merits. Hence, I decline to exercise discretionary power. Accordingly, the writ petition is - 5 - HC-KAR CNR: KAHC010134632023 NC: 2026:KHC:36400 WP No. 6010 of 2023 dismissed. The petitioner may approach the appropriate forum, if so advised and if the law permits. 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.: 21.2