- 1 - HC-KAR CNR: KAHC010489532026 NC: 2026:KHC:38222 WP No. 22362 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 22362 OF 2026 (GM-DRT) BETWEEN: SRI. D.H.ESHWARSA S/O. LATE HANUMANTHSA, AGED ABOUT 86 YEARS, NO.37/1, (OLD NO.122), ARCOT SRINIVASACHAR STREET, BVK IYENGAR ROAD, CHICKPET, BENGALURU-560053. …PETITIONER (BY SRI. D.L.SURESH, ADVOCATE) AND: 1. KARNATAKA STATE FINANCIAL CORPORATION ESTABLISHED UNDER THE STATE FINANCIAL CORPORATIONS ACT, 1951 HAVING ITS HEAD OFFICE AT NO.1/1, THIMMAIAH ROAD, NEAR CANTONMENT RAILWAY STATION, BENGALURU-560052. REPRESENTED BY ITS GENERAL MANAGER 2. THE AUTHORISED OFFICER CUM GENERAL MANAGER, RECOVERY, KARNATAKA STATE FINANCIAL CORPORATION, HAVING HEAD OFFICE AT NO.1/1, THIMMAIAH ROAD, NEAR CANTONMENT RAILWAY STATION, BENGALURU-560052. …RESPONDENTS (BY DR. T.SOMASHEKAR, ADVOCATE FOR R1) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010489532026 NC: 2026:KHC:38222 WP No. 22362 of 2026 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.D.L.Suresh., counsel for the petitioner has appeared in person. 2. Though the matter is listed today for preliminary hearing, it is heard finally. 3. This petition is filed seeking following reliefs: (a) Issue writ of certiorari quashing the impugned order dated:07.05.2026 in No.KSFC/H.O/S.65 passed by respondent No.2 vide Annexure-G; and (b) To grant such other direction or order which this Hon'ble deems fit in the circumstances of the case by allowing the above writ petition with costs in the interest of justice. 4. Counsel for the petitioner urged several contentions. - 3 - HC-KAR CNR: KAHC010489532026 NC: 2026:KHC:38222 WP No. 22362 of 2026 It has been vehemently contended on behalf of the petitioner that notice under Section 13(2) of the SARFAESI Act is issued after lapse of almost twenty seven years. Urging order contentions counsel for the petitioner placed reliance on the following decision. SRI DIN DAYAL KAYAN V/S. CANARA BANK AND ANOTHER IN WPO/580/2024. 5. Heard the arguments and perused the papers with care. 6. The authorized officer had issued a notice under Section 13(2) of the SARFAESI Act on 07.05.2026. The petitioner grievance is about the issuance of notice under Section 13(2) of the SARFAESI Act. 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 litigants are not remediless, as the Tribunal has been established specifically to adjudicate the lis. - 4 - HC-KAR CNR: KAHC010489532026 NC: 2026:KHC:38222 WP No. 22362 of 2026 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. The Apex Court in Phoenix Case's reported in (2022) 5 SCC 345 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 power under writ jurisdiction. The petition is devoid of merits. Accordingly, the writ petition is dismissed. - 5 - HC-KAR CNR: KAHC010489532026 NC: 2026:KHC:38222 WP No. 22362 of 2026 The petitioner may approach 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 MRP List No.: 1 Sl No.: 2