- 1 - HC-KAR CNR: KAHC010658812024 NC: 2026:KHC:37691 WP No. 31006 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. 31006 OF 2024 (GM-DRT) BETWEEN: SMT. A.NAGARATHNA, W/O. SRI. S.R.PATELAPPA, AGED ABOUT 50 YEARS, R/O. ANJANI EXTENSION, CHINTAMANI TOWN, CHIKKABALLAPUR DISTRICT, CHINTAMANI-562 101. …PETITIONER (BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE) AND: 1. M/S. SHRIRAM CITY UNION FINANCE LTD., (SINCE AMALGAMATED WITH M/S. SHRIRAM FINANCE LTD.,) HAVING REGISTERED OFFICE AT NO.123, ANGAPPA NAIKEN STREET, CHENNAI, HAVING ITS ADMINISTRATIVE OFFICE AT NO.3-6-478, 4TH FLOOR, ANANDA ESTATES LIBERTY ROAD, HIMAYATHNAGAR, HYDERABAD-500002 REPRESENTED BY ITS AUTHORIZED OFFICER 2. SRI. S.R.PATELAPPA, S/O. SRI. RAMAIAH, AGED ABOUT 67 YEARS, R/O. H.NO.16, ANJANI EXTENSION, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010658812024 NC: 2026:KHC:37691 WP No. 31006 of 2024 CHINTAMANI, CHIKKABALLAPUR DISTRICT, CHINTAMANI-562 101. 3. SRI. PRADEEP P., S/O. SRI. S.R.PATELAPPA, AGED ABOUT 33 YEARS, 4. SRI. PUNEETH P., S/O. SRI. S.R.PATELAPPA, AGED ABOUT 31 YEARS, RESPONDENTS NO.3 AND 4 ARE R/O. NO.5520 AND 5529, FILTERBED ROAD, PRABHAKAR LAYOUT, ANJANI EXTENSION, CHINTAMANI, CHIKKABALLAPUR DISTRICT, CHINTAMANI-562 101. 5. SRI. K.Y.PRABHAKARA, S/O. SRI.CHIKKARAYAPPA, MAJOR BY AGE, R/O. H.NO.96, KAMADENAHALLI, KOLAR DISTRICT, KOLAR-563 101. 6. SRI. K.N.ANANDA KUMAR, S/O. SRI. NARAYANAPPA, MAJOR BY AGE, SEMI SKILLED-II IN FEDERAL MOGUL GOETZE (INDIA) LTD., YELAHANKA, BENGALURU-560064. …RESPONDENTS (BY SRI. AVINASH B.C., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 3 - HC-KAR CNR: KAHC010658812024 NC: 2026:KHC:37691 WP No. 31006 of 2024 THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Siddanooru Vishwanatha, counsel for the petitioner and Sri.Avinash B.C., counsel for respondent No.1 appeared in person. 2. This petition is filed seeking following reliefs: (a) Set aside the possession notice dated 06.11.2024 issued by the respondent No.1 under Section 13(4) of the SARFAESI Act, 2002 and Rule 8 of the said Rules, as per Annexure-A holding the same as illegal; (b) Issue writ or direction to the respondent No.1 including any servants, agents or officers of the respondent No.1, not to take actual / physical possession of the schedule property and (c) Pass such other order or direction that this Hon'ble Court deems fit to pass in the circumstances of the case. 3. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. - 4 - HC-KAR CNR: KAHC010658812024 NC: 2026:KHC:37691 WP No. 31006 of 2024 4. The authorized officer had issued possession notice under Section 13(4) of SARFAESI Act on 06.11.2024. The petitioner's 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 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. 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. - 5 - HC-KAR CNR: KAHC010658812024 NC: 2026:KHC:37691 WP No. 31006 of 2024 Accordingly, the writ petition is 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.: 20