Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010476802025 NC: 2026:KHC:37351 WP No. 21942 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 21942 OF 2025 (GM-DRT) BETWEEN:
1.
SRI. SRINIVASA REDDY, AGED ABOUT 41 YEARS, S/O. N.RAMA REDDY,
2.
SRI. R.KARTHIK REDDY, AGED ABOUT 38 YEARS, S/O. N.RAMA REDDY,
BOTH ARE RESIDING AT NO.10/1, 2ND MAIN, 1ST CROSS, S.G.PALYA, BHARATHI LAYOUT, DRC POST, BENGALURU-560 029. …PETITIONERS (BY SMT. HARSHITHA, ADVOCATE FOR SRI. B.R.VISWANATH, ADVOCATE)
AND:
ASSISTANT GENERAL MANAGER AND AUTHORIZED OFFICER, KARNATAKA BANK LIMITED, ASSET RECOVERY MANAGEMENT BRANCH, 1ST FLOOR, FKCCI BUILDING, KEMPEGOWDA ROAD, BENGALURU-560 009. …RESPONDENT
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010476802025 NC: 2026:KHC:37351 WP No. 21942 of 2025
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:
ORAL ORDER
Smt.Harshitha counsel on behalf of Sri.B.R.Viswanath for the petitioners appeared in person.
2. This petition is filed seeking following reliefs: (a) Quashing the demand notice dated 18.06.2025 i.e., Annexure-F issued under the provisions of SARFAESI Act issued by the respondent and all other subsequent proceedings in respect of schedule property. (b) Pass such other and further orders as this Hon'ble Court may deem fit to grant under the
facts and circumstances of the case.
3. Counsel for the petitioners urged several
contentions. Heard the arguments and perused the papers with care.
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HC-KAR
CNR: KAHC010476802025 NC: 2026:KHC:37351 WP No. 21942 of 2025
4. The authorized officer of the Bank had issued a E-auction sale notice for sale of immovable assets under SARFAESI Act read with the relevant Rules. The petitioners grievance is about the issuance of the e- auction sale notice. Any person/s aggrieved by issuance of notices under SARFAESI Act/ Rules 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 E-auction 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. Hence, this Court declines to exercise discretionary powers under writ jurisdiction. The petition is devoid of merits. Accordingly, the writ petition is dismissed. The petitioners may approach the appropriate forum if so advised and if the law permits.
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HC-KAR
CNR: KAHC010476802025 NC: 2026:KHC:37351 WP No. 21942 of 2025
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.: 14