- 1 - HC-KAR CNR: KAHC010291092023 NC: 2026:KHC:48567 WP No. 12180 of 2023 C/W WP No. 12244 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12180 OF 2023 (GM-DRT) C/W WRIT PETITION NO. 12244 OF 2023 (GM-DRT) IN WP No. 12180/2023 BETWEEN: 1. CATHERINE M. REDDY W/O. ALEX AGED ABOUT 52 YEARS R/AT. FLAT NO. C-001 NO.85/6-1, G FLOOR, C BLOCK SKY GOLD ELEGENCE, SAMPIGEHALLI ROAD CHOKKANAHALLI, JAKKUR POST BENGALURU - 560 064. …PETITIONER (BY SRI. B. RAMESH, ADVOCATE) AND: 1. UNION BANK OF INDIA NO. 693, NEAR SANESHWARA TEMPLE D BLOCK, RAJAJINAGAR, BENGALURU - 560 010. REP. BY CHIEF MANAGER 2. MASTER D. CHARRVITH S/O. LATE DHANAJAYA AGED 02 YEARS R/AT.NO.103, CHIKKA ANKANDAHALLI KOLAR DISTRICT. PIN. - 563114. SINCE MINOR REPRESENTED BY HIS GRANDFATHER Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010291092023 NC: 2026:KHC:48567 WP No. 12180 of 2023 C/W WP No. 12244 of 2023 NARAYANAPPA.C.T S/O. THIMMAPPA …RESPONDENTS (BY SRI. MONESH KUMAR .K.B, ADVOCATE FOR R1; SRI. MAHABALESHWAR .G.C, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE POSSESSION NOTICE DATED 26.05.2023 BEARING NO. NIL ISSUED BY THE R-1 BANK AS PER SECTION 13(2) SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 AND RULE 3 OF THE SECURITY INTEREST (ENFORCEMENT ) RULES 2002 WHICH IS PRODUCED AND MARKED AS ANNX-D IN SO FAR AS PETITIONER CONCERNED. IN WP NO. 12244/2023 BETWEEN: 1. CHANDAN T.N. S/O LATE NARASIMHAMURTHY .T.N AGED 32 YEARS R/A FLAT NO. A 203 NO 85/6-1, 2ND FLOOR, A BLOCK SKY GOLD ELEGENCE CHOKKANAHALLI MAIN ROAD SRI BALAJI KRUPA LAYOUT RK HEGDENAGAR BENGALURU 560077. ...PETITIONER (BY SRI. B. RAMESH, ADVOCATE) AND: 1. UNION BANK OF INDIA NO 693, NEAR SHANESHWARA TEMPLE D BLOCK, RAJAJINAGAR - 3 - HC-KAR CNR: KAHC010291092023 NC: 2026:KHC:48567 WP No. 12180 of 2023 C/W WP No. 12244 of 2023 BENGALURU 560010 REP BY CHIEF MANAGER 2. MASTER D. CHARVITH S/O LATE DHANANJAYA C N AGED 2 YEARS R/A NO 103, CHIKKA ANKANDAHALLI, KOLAR DISTRCT-563114. SINCE MINOR REPRESENTED BY HIS GRANDFATHER NARAYANAPPA C T S/O THIMMAPPA ...RESPONDENTS (BY SRI. MONESH KUMAR .K.B, ADVOCATE FOR R1; SRI. MAHABALESHWAR .G.C, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE POSSESSION NOTICE DATED 26.05.2023 BEARING NO. NIL ISSUED BY THE R-1 BANK AS PER SECTION 13(2) SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 AND RULE 3 OF THE SECURITY INTEREST (ENFORCEMENT) RULES 2002 WHICH IS PRODUCED AND MARKED AS ANNX-D. THESE PETITIONS, 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 petitioners in both matters, who are the borrowers and admitted defaulters, have invoked the writ - 4 - HC-KAR CNR: KAHC010291092023 NC: 2026:KHC:48567 WP No. 12180 of 2023 C/W WP No. 12244 of 2023 jurisdiction of this Court questioning the measures initiated by the secured creditor under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”). 2. It is now well settled by a catena of decisions of the Hon’ble Supreme Court, 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 - 5 - HC-KAR CNR: KAHC010291092023 NC: 2026:KHC:48567 WP No. 12180 of 2023 C/W WP No. 12244 of 2023 such exceptional ground warranting interference under Article 226 of the Constitution. 3. 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, both writ petitions are liable to be dismissed. Accordingly, both writ petitions are dismissed, reserving liberty to the petitioners to avail the statutory remedy before the jurisdictional Debt Recovery Tribunal, if so advised. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 11