- 1 - HC-KAR CNR: KAHC010044352023 NC: 2026:KHC:39027 WP No. 1938 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 1938 OF 2023 (GM-DRT) BETWEEN: SMT. SUSHMITHA A., S/O HALESHA B.P, AGED ABOUT 32 YEARS, R/O BYAGADHAHALLI VILLAGE, ALLAMPURA, KAIMARA POST, CHIKMAGALUR TALUK - 577 131 …PETITIONER (BY SRI. VEERSHETTY BIRADAR, FOR SRI. NAVEEN J.N., ADVOCATES) AND: M/S. EQUITOS SMALL FINANCE BANK LTD., SPENCER BLOSSOM, 4TH FLOOR, PHASE II, NO.769, MOUNT ROAD, ANNASALAI, CHENNAI - 600 002 REP. BY ITS AUTHORIZED OFFICER BANKING COMPANY INCORPORATED UNDER COMPANIES ACT, 2013 …RESPONDENT (BY SMT. SANGEETHA T.H. FOR SRI. AVINASH B.C., ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010044352023 NC: 2026:KHC:39027 WP No. 1938 of 2023 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING - B GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Veershetty Biradar., counsel on behalf of Sri.Naveen.J.N., for the petitioner and Smt.Sangeetha.T.H., counsel on behalf of Sri.Avinash.B.C., for the respondent appeared in person. 2. The petition is filed seeking following reliefs: (a) Issue a writ or order in the nature of Certiorari quashing the Possession Notice dated:05.12.2022 issued by the respondent marked at Annexure-B to the writ petition. (b) Issue any order or orders as deems fit and proper including the cost of the proceedings in the interest of justice and equity. 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 possession notice on 05.12.2022. The petitioner's grievance is - 3 - HC-KAR CNR: KAHC010044352023 NC: 2026:KHC:39027 WP No. 1938 of 2023 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. 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 has held that filing of writ petition before the High Court under Article 226 of - 4 - HC-KAR CNR: KAHC010044352023 NC: 2026:KHC:39027 WP No. 1938 of 2023 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. 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.: 46