- 1 - HC-KAR CNR: KAHC010444702026 NC: 2026:KHC:37353 WP No. 20223 of 2026 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. 20223 OF 2026 (GM-DRT) BETWEEN: 1. SRI. PRAVEEN KUMAR D., S/O. DHANASEKAR, AGED ABOUT 36 YEARS, R/AT NO.11, MADHAVELI STREET, THANDURAI, PATTABIRAM, TIRUVALLUR, TAMIL NADU-600072. 2. KUM. SARAH JUNE P., D/O. PRAVEEN KUMAR, AGED ABOUT 4 YEARS, REPRESENTED BY FATHER PRAVEEN KUMAR D., S/O. DHANASEKAR., AGED ABOUT 36 YEARS, R/AT., NO. 11, MADHAVELI STREET, THANDURAI, PATTABIRAM, TIRUVALLUR, TAMIL NADU-600072. …PETITIONERS (BY SRI. H.JAYANTHA POOJARY, ADVOCATE) AND: 1. THE AUTHORISED OFFICER, ICICI BANK, NO.4/10, MYTHREE TOWER, BOMMANAHALLI, HOSUR MAIN ROAD, BENGALURU-560068. 2. THE MANAGER ICICI PRUDENTIAL Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010444702026 NC: 2026:KHC:37353 WP No. 20223 of 2026 LIFE INSURANCE COMPANY LTD., BRANCH OFFICE AT NO.99, 5TH CROSS, NEAR APOLLO CRADLE HOSPITAL, KHB COLONY, 6TH BLOCK, KORAMANGALA, BENGALURU-560095. …RESPONDENTS (BY SRI. B.S.JEEVAN KUMAR, 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: ORAL ORDER Sri.H.Jayanth Poojary, counsel for the petitioners and Sri.B.S.Jeevan Kumar, counsel for the respondents appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ in the nature of certiorari or any other appropriate writ or order or direction to quash the demand notice dated 11.05.2026 issued by the 1st respondent under Section 13(2) of SARFAESI Act, 2002 as per Annexure- A. - 3 - HC-KAR CNR: KAHC010444702026 NC: 2026:KHC:37353 WP No. 20223 of 2026 (ii) Issue writ in the nature of the mandamus directing the 2nd respondent to disburse the insurance claim amount towards the loan outstanding amount in terms of the policy bearing No.C5838519 vide Annexure-D. (iii) Grant such other further relief as may deem fit in the circumstances of the case. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The authorized officer of the Bank had issued demand notice under Section 13(2) of SARFAESI Act on 11.05.2026. The petitioners grievance is about the issuance of the demand 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 demand 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. - 4 - HC-KAR CNR: KAHC010444702026 NC: 2026:KHC:37353 WP No. 20223 of 2026 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. Hence, I decline 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. 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.: 18