Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010375622025 NC: 2026:KHC:42158 WP No. 16926 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 16926 OF 2025 (GM-DRT) BETWEEN:
1.
SMT. UMA SINGH, AGED ABOUT 51 YEARS, W/O. LATE R.KAMAL SINGH, R/AT NO.103, RR RESIDENCY, 2ND FLOOR, MATADAHALLI, R.T. NAGAR, BENGALURU-560 032.
2.
M/S. SHAKTHI BAR AND RESTAURANT, A PROPRIETARY CONCERN, HAVING ITS OFFICE AT NO.122/34, 5TH MAIN ROAD, GANGANAGAR, BENGALURU-560 032.
REPRESENTED BY ITS PROPRIETOR SMT. UMA SINGH, AGED ABOUT 51 YEARS, W/O. LATE R.KAMAL SINGH …PETITIONERS (BY SRI. A.ABHINAV RAMANAND, ADVOCATE)
AND:
1.
M/S. CANARA BANK, REGISTERED OFFICE AT NO.6648, 112, J.C. ROAD, BENGALURU-560 001.
REPRESENTED BY ITS ZONAL MANAGER
2.
THE BRANCH MANAGER CANARA BANK,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010375622025 NC: 2026:KHC:42158 WP No. 16926 of 2025
GANGANAGAR BRANCH, R.T.NAGAR, BENGALURU-560 032.
3.
THE AUTHORISED OFFICER UNDER SARFAESI ACT 2002 CANARA BANK, GANGANAGAR BRANCH, R.T. NAGAR, BENGALURU -560032. …RESPONDENTS (BY SRI. VIGNESH S.SHETTY, ADVOCATE)
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 IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.Abhinav R., counsel for the petitioners and Sri.Vignesh S.Shetty, counsel for the respondents appeared in person.
2. This petition is filed seeking following reliefs: (a) Issue an appropriate writ, direction or order in the nature of certiorari quashing the classification of the accounts / debts of the petitioners as NPA with effect from 17.04.2025 as reflected in the notice bearing No.10458/NPA/DN/SBR/1 dated 21.04.2025 issued by respondent No.3 at Annexure-E to the writ petition.
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HC-KAR
CNR: KAHC010375622025 NC: 2026:KHC:42158 WP No. 16926 of 2025
(b) Issue an appropriate order or a writ forbearing the respondents from auctioning or selling or in any manner dealing with the gold articles / security provided by the petitioners in relation to gold loans bearing account Nos.164030056011 and 164030056961 dated 29.04.2025 at Annexure-D and D1 to the writ petition. (c) Grant costs. (d) Such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case and 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 a demand notice under SARFAESI Act on 21.04.2025. The petitioners grievance is about the issuance of the demand 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.
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HC-KAR
CNR: KAHC010375622025 NC: 2026:KHC:42158 WP No. 16926 of 2025
The Apex Court has settled the law in a catena of decisions that a demand 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. Hence, this Court declines to exercise discretionary powers under writ jurisdiction. The petition is devoid of merits. Accordingly, the writ petition is dismissed. The petitioners may approach the appropriate forum if so advised and if the law permits. Because of dismissal of 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.: 28.1