- 1 - HC-KAR CNR: KAHC010304502026 NC: 2026:KHC:44562 WP No. 14203 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 14203 OF 2026 (GM-DRT) BETWEEN: SRI. ABHISHEK .P. S/O. SRI PRASANNA S, AGED ABOUT 33 YEARS, R/AT NO.1443, 4TH CROSS, NEAR MINES AND GEOLOGIST OFFICE, P C EXTENSION, KOLAR, KOLAR - 563 101 …PETITIONER (BY SRI. ROHITH R KUMAR, ADVOCATE) AND: 1. AUTHORIZED OFFICER BAJAJ FINANCE LIMITED, 1ST FLOOR, HANUME GOWDA COMPLEX, BESIDE UNION BANK, M.B. ROAD, KOLAR - 563 101 2. AUTHORIZED OFFICER BAJAJ FINANCE LIMITED, C/O BAJAJ AUTO LIMITED COMPLEX, MUMBAI PUNE ROAD, AKURDI PUNE - 411 035 3. P SUMANGALA DEVI W/O PRASANNA S R/AT NO.1443, 4TH CROSS, NEAR MINES AND GEOLOGIST OFFICE, P C EXTENSION, KOLAR, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010304502026 NC: 2026:KHC:44562 WP No. 14203 of 2026 KOLAR - 563 101 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Rohit R.Kumar, counsel for the petitioner appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a direction in the nature of writ of mandamus order to quash / set aside the two possession notice issued by the respondent No.1 dated 23.01.2026 and 10.04.2026 vide Annexure A and B. (ii) Grant such other reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in order to secure the ends of justice and equity along with the cost of the proceedings, in the interest of justice and equity. - 3 - HC-KAR CNR: KAHC010304502026 NC: 2026:KHC:44562 WP No. 14203 of 2026 3. Counsel for the petitioner urged several contentions. Heard the arguments and perused the papers with care. 4. The authorized officer of the Bank had issued possession notices under the SARFAESI Act and Rules. 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, appealing to the Tribunal if needed. The Apex Court has settled the law in a catena of decisions that a possession notices 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 - 4 - HC-KAR CNR: KAHC010304502026 NC: 2026:KHC:44562 WP No. 14203 of 2026 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. Moreover, the Apex Court has also observed in the case of UNITED BANK OF INDIA V/S. SATYAWATI TONDON AND OTHERS that the High Courts continue to ignore the availability of statutory remedies under the DRT and SARFAESI Act and exercised jurisdiction under Article 226 for passing orders which have serious adverse impact on the right of the Banks and other financial institutions to recover their dues. We hope and trust that in future the High Courts will exercise their discretion in such matters with great caution, care and circumspection. 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 - 5 - HC-KAR CNR: KAHC010304502026 NC: 2026:KHC:44562 WP No. 14203 of 2026 petitions. Hence, I decline to exercise discretionary powers under writ jurisdiction. The petition is devoid of merits. Accordingly, the writ petition is dismissed. The petitioner 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.: 16