- 1 - HC-KAR CNR: KAHC010589152025 NC: 2026:KHC:39436-DB WA No. 1485 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1485 OF 2025 (GM-RES) BETWEEN: 1. SRI GURUPRASAD S/O M.V. BALAKRISHNA AGED ABOUT 47 YEARS R/A 35/1, SADANANDANAGAR 7TH MAIN, M.V. GARDEN NGEF LAYOUT BENGALURU - 560 038 …APPELLANT (BY SRI K. VIJAYA KUMAR, ADVOCATE) AND: 1. UNION BANK OF INDIA ASSET RECOVERY BRANCH BENGALURU NORTH #1/1, 1ST FLOOR 'JEEVAN SAMPIGE' 2ND MAIN, SAMPIGE ROAD MALLESWARAM BENGALURU - 560 003 REPRESENTED BY ITS AUTHORISED OFFICER Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010589152025 NC: 2026:KHC:39436-DB WA No. 1485 of 2025 2. SRI MANPREET SACHDEV S/O JAGJEET SACHDEV AGED ABOUT 51 YEARS 3. SMT. NAVADEEP SACHDEV W/O MANPREET SACHDEV AGED ABOUT 49 YEARS RESPONDENTS No.2 AND 3 ARE RESIDING AT NO.16, 3RD CROSS HAL II STAGE, INDIRANAGAR BENGALURU - 560 008 4. SRI N. THANGAVELU S/O S. NEETHI GOPAL AGED ABOUT 44 YEARS 5. SMT. RAMYA. A W/O N. THANGGAVELU AGED ABOUT 38 YEARS RESPONDENT No.4 AND 5 ARE R/A NO.009, 4TH FLOOR SITE No. 40/41, SAI JYOTHI RESIDENCY MANJUNATHA LAYOUT MUNNEKOLALA, MARATHAHALLI POST BENGALURU - 560 037 …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 04.08.2025, PASSED IN W.P. No. 18410/2024 (GM-RES) AND CONSEQUENTLY ALLOW THE W.P. No. 18410/2024 - 3 - HC-KAR CNR: KAHC010589152025 NC: 2026:KHC:39436-DB WA No. 1485 of 2025 (GM-RES) OR PASS ANY OTHER APPROPRIATE ORDER/S WHICH THIS HON'BLE COURT DEEMS IT FIT GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 04.08.2025 passed by the learned Single Judge in WP.No.18410/2024 (GM-RES). The appellant had filed the said petition impugning an order dated 13.05.2024 passed by the X ACMM Court, Bengaluru, in C.Misc.No.50001/2024. The learned ACMM had passed the said order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act]. - 4 - HC-KAR CNR: KAHC010589152025 NC: 2026:KHC:39436-DB WA No. 1485 of 2025 2. The learned Single Judge had declined to entertain the petition on the ground that the appellant has an alternate remedy under Section 17 of the SARFAESI Act. 3. The learned counsel appearing for the appellant submits that the appellant is not a borrower and therefore, the remedy of Section 17 of the SARFAESI Act would not be relevant. The said contention is unmerited. 4. The opening sentence of Section 17 of the SARFAESI Act clearly indicates that the said remedy is available to any person, including the borrower, aggrieved by the action taken under Section 13(4) of the SARFAESI Act. 5. The Supreme Court has in several decisions, including in United Bank Of India v Satyawati Tondon & Ors.1, South Indian Bank Ltd. & Ors. v. Naveen Mathew Philip2 and PHR Invent Educational Society v UCO Bank & Ors.3 has faulted the High Court in entertaining the writ petitions in respect of matters where the Debt Recovery Tribunal or the Appellate Tribunal could 1 (2010) 8 SCC 110 2 (2023) 17 SCC 311 3 (2024) 6 SCC 579 - 5 - HC-KAR CNR: KAHC010589152025 NC: 2026:KHC:39436-DB WA No. 1485 of 2025 exercise jurisdiction under the SARFAESI Act. We find no merit in the present appeal. The same is accordingly dismissed. 6. Pending application stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD List No.: 2 Sl No.: 20