- 1 - HC-KAR CNR: KAHC010063942024 NC: 2026:KHC:37706 WP No. 3722 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 3722 OF 2024 (GM-DRT) BETWEEN: 1. MR. S.SHYAMPRASAD, S/O. MR. SANTHANAGOPALAN, AGED ABOUT 50 YEARS, 2. MRS. RAMYA VIJAYARAGHAVAN, W/O. S.SHYAMPRASAD AGED ABOUT 48 YEARS, PETITIONERS NO.1 AND 2 ARE RESIDING AT NO.A-704, ITTINA AKKALA APARTMENT, RAJPALYA, NEAR HOODI CIRCLE, MAHADEVAPURA, BENGALURU-560048. 3. MR. SACHIN MODI, SON OF MR. PADMCHAND MODI, AGED ABOUT 44 YEARS, 4. MRS. VIDHI MODI, W/O. MR SACHIN MODI AGED ABOUT 41 YEARS, PETITIONERS NO.3 AND 4 ARE RESIDING AT FLAT NO.409, MALIBU PALOMA APARTMENTS, BOREWELL ROAD, WHITEFIELD, BENGALURU-560066. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010063942024 NC: 2026:KHC:37706 WP No. 3722 of 2024 5. MR. RAMPRASAD GIDAGU, SON OF MR. SATHYARAYANADASU, AGED ABOUT 41 YEARS, 6. MRS. PRASANNA LAKSHMI PALURI, W/O. RAMPRASAD GIDAGU, AGED ABOUT 41 YEARS, PETITIONERS NO.5 AND 6 ARE RESIDING AT NO 79, 6TH MAIN, AMBEDKAR NAGAR, WHITEFIELD, BENGALURU-560066. 7. MRS. NEELIMA NADUPURU, W/O. MR. MADHU GORLE, AGED ABOUT 38 YEARS, 8. MR. MADHU GORLE, S/O. MR. VENUGOPALA RAO, AGED ABOUT 43 YEARS, PETITIONERS NO.7 AND 8 ARE RESIDING AT FLAT NO.202, BALAJI ELEGANCE, PRASHANTH EXTENSION, WHITEFIELD, BENGALURU-560066. 9. MRS. GEETANJALI HANDU, W/O. MR. RONY DAS, AGED ABOUT 45 YEARS, 10. MR. RONY DAS, S/O. MR. DWIPENDRA NATH DASS, AGED ABOUT 45 YEARS, PETITIONERS NO.9 AND 10 ARE RESIDING AT B-605, SMR VINAY GALAXY, HOODI, ITPL MAIN ROAD, MAHADEVAPURA, BENGALURU-560048. - 3 - HC-KAR CNR: KAHC010063942024 NC: 2026:KHC:37706 WP No. 3722 of 2024 11. MR. NADELLA VENKATA SAIPRASAD, S/O. MR. NADELLA BALAKRISHNA RAO, AGED ABOUT 48 YEARS, RESIDING AT C-303, DSR GREEN VISTA APARTMENT, ECC ROAD, WHITEFIELD, BENGALURU-560066. …PETITIONERS (BY SRI. TULSI KUMAR B.N., ADVOCATE - ABSENT) AND: 1. M/S. PIRAMAL CAPITAL AND HOUSING FINANCE LIMITED, DHIRAJ BAUG BUILDING 'A', GROUND AND 1ST FLOOR, BESIDE AXIS BANK, OPPOSITE MAHALSA BULIDING, AGRA ROAD, THANE (WEST)-400602. REPRESENTED BY ITS AUTHORISED OFFICER MR. PRAKASH R.C., 2. M/S. BRL VENTURES (P) LIMITED, NO. 602/A, GROUND FLOOR, BEML LAYOUT, 6TH STAGE, BROOKFIELD. BENGALURU-560037. REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI. B.C.AVINASH, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 4 - HC-KAR CNR: KAHC010063942024 NC: 2026:KHC:37706 WP No. 3722 of 2024 THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Though matter called twice, there is no representation on behalf of the petitioners. Sri.B.C.Avinash., counsel for respondent No.1 has appeared in person. 2. The petition is listed today for orders regarding non-compliance with office objection. 3. This petition is filed seeking following reliefs: (a) Issue a writ of certiorari or any other writ or direction and quash possession notice dated 12.01.2024 at Annexure-P issued by the first respondent. (b) Issue a writ of mandamus or any other writ or order directing the first respondent not to initiate any action against the secured asset without due process of law. (c) To pass any other order or directions as this Hon'ble Court deems fit in the facts and - 5 - HC-KAR CNR: KAHC010063942024 NC: 2026:KHC:37706 WP No. 3722 of 2024 circumstance of the case, in the interest of justice and equity. 4. The petition was filed in 2024. It's almost two years the scrutiny objections are not complied with as of today. Counsel for respondent No.1 submits that there is an alternate remedy to approach the Tribunal. However, the petitioners have filed the writ petition. Counsel, therefore, submits that the petition may be dismissed. The submission made on behalf of respondent No.1 is noted. 5. The authorized officer had issued a possession notice on 12.01.2024. The petitioners grievance is about the issuance of the possession 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 - 6 - HC-KAR CNR: KAHC010063942024 NC: 2026:KHC:37706 WP No. 3722 of 2024 Act, appealing to the Tribunal if needed. The Apex Court has settled the law in a catena of decisions that a 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. Hence, I decline to exercise discretionary power under writ jurisdiction. The petition is devoid of merits. Accordingly, the writ petition is dismissed. The petitioners may approach appropriate forum if so advised and if the law permits. - 7 - HC-KAR CNR: KAHC010063942024 NC: 2026:KHC:37706 WP No. 3722 of 2024 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.: 16