- 1 - HC-KAR CNR: KAHC010557182026 NC: 2026:KHC:43855 WP No. 25217 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 25217 OF 2026 (GM-DRT) BETWEEN: MR. SRI.NAGARAJU K., AGED ABOUT 45 YEARS, S/O. LATE KRISHNAPPA, NO.224-SE, 27TH MAIN, 7TH CROSS, NISARGA LAYOUT, BUKKASAGARA VILLAGE, JIGANI, BENGALURU - 560 105. …PETITIONER (BY SRI. JAYAPRAKASH SHETTY B., ADVOCATE) AND: M/S. BANK OF MAHARASTRA, NO.465, ASST RECOVERY BRANCH, OPP. NMKRV WOMEN'S COLLEGE, 22ND CROSS, JAYANAGAR 3RD BLOCK, BENGALURU - 560011 BY ITS AUTHORISED OFFICER …RESPONDENT (BY SMT. DIVYA PURANDAR, 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, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010557182026 NC: 2026:KHC:43855 WP No. 25217 of 2026 ORAL ORDER Sri.Jaya Prakash Shetty B., counsel for the petitioner and Smt.Divya Purandar, counsel for respondent appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue an order, direction or writ in the nature of certiorari quashing affixture notice dated 29.07.2026 bearing No.AX-78/vacation notice/Jaiveer/2026-27/2 issued by the respondent, Annexure-A so far as petitioner is concerned. (ii) Issue any other order, direction or writ/s as this Hon'ble Court may deem fit to grant, in the facts and circumstances of the case, including as to the cost of this writ petition, in the interest of justice and equity. 3. Counsel for the petitioners urged several contentions. Heard the arguments and perused the papers with care. 4. Suffice it to note that pursuant to the measures taken under Section 13(2) of the SARFAESI Act, the vacation - 3 - HC-KAR CNR: KAHC010557182026 NC: 2026:KHC:43855 WP No. 25217 of 2026 notice was issued on 29.07.2026. This notice is called into question in this writ petition on several grounds as setout in the memorandum of writ petition. 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 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 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.: 8