- 1 - HC-KAR CNR: KAHC010310812022 NC: 2026:KHC:48286 WP No. 13891 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13891 OF 2022 (GM-DRT) BETWEEN: 1. SHASHIKALA SHANTHARAM W/O M. SHANTHARAM AGED ABOUT 63 YEARS NO 261, SONAR ROAD CHAMRAJ MOHALLA MYSORE - 570024. 2. M. RAMESH S/O LATE G M GUPTA AGED ABOUT 72 YEARS NO 261, SONAR ROAD CHAMARAJMOHALLA MYSORE - 570024. …PETITIONERS (BY SRI. MAHESH .C.M, ADVOCATE) AND: 1. AUTHORIZED OFFICER / CEO SRI KANYAKAPARAMESHWARI CO OPERATIVE BANK LTD H O, K R CIRCLE BRANCH VIDYARANYAPURAM MYSORE - 570008. REGD. UNDER CO-OP SOCIETY ACT, 1959 …RESPONDENT (BY SRI. B.S. MAHENDRA, ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010310812022 NC: 2026:KHC:48286 WP No. 13891 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE AT ANENXURE-A ISSUED UNDER THE SURFAESI ACT AS FOR BERING VOID AB INITIO,FURTHER ALL SUCH NECESSARY CONSEQUENTIAL RELIEFS QUASHING THE DEMAND NOTICE ISSUED UNDER SECITON 13(2) OF THE SURFAESI ACT DATED 17.05.2022 FOUND AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The writ petition is filed questioning the Demand Notice dated 17.05.2022 issued under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act’). 2. Despite this Court having granted an interim order of stay subject to the petitioner depositing a sum of Rs.6,00,000/-, no documents are produced to indicate compliance with the order dated 14.07.2022. 3. Be that as it may, it is now well settled by a catena of decisions of the Hon’ble Supreme Court, - 3 - HC-KAR CNR: KAHC010310812022 NC: 2026:KHC:48286 WP No. 13891 of 2022 consistently followed by this Court, that measures initiated by a secured creditor under the provisions of the SARFAESI Act are not ordinarily amenable to the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, particularly when the statute provides an efficacious alternative remedy before the jurisdictional Debts Recovery Tribunal. The Hon’ble Supreme Court has repeatedly cautioned the High Courts against entertaining writ petitions in matters arising under the SARFAESI Act except in exceptional circumstances. The present case does not disclose any such exceptional ground warranting interference under Article 226 of the Constitution. 4. In view of the availability of an efficacious statutory remedy and the settled principles governing the exercise of writ jurisdiction in matters arising under the SARFAESI Act, this writ petition is liable to be dismissed. - 4 - HC-KAR CNR: KAHC010310812022 NC: 2026:KHC:48286 WP No. 13891 of 2022 Accordingly, the writ petition is dismissed, reserving liberty to the petitioner to avail remedy in a manner known to law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 21