- 1 - HC-KAR CNR: KAHC010306742022 NC: 2026:KHC:48285 WP No. 13846 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.13846 OF 2022 (GM-DRT) BETWEEN: 1. KUMAR B S/O CHIKKABORAIAH AGED ABOUT 43 YEARS R/AT MELLAHALLI, HAROHALLI POST, VARUNA HOBLI, NEAR BY BIG ARALIMARA MELLAHALLI MYSORE - 570010 2. ASHARANI G R W/O KUMAR B AGED ABOUT 36 YEARS R/AT MELLAHALLI, HAROHALLI POST, VARUNA HOBLI, NEAR BY BIG ARALIMARA MELLAHALLI MYSORE - 570010 …PETITIONERS (BY SRI. VINAYACHANDRA, ADVOCATE) AND: 1. FINCARE SMALL FINANCE BANK LTD REGD. OFFICE AT 301-306 3RD FLOOR, ABHIJEET -V Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010306742022 NC: 2026:KHC:48285 WP No. 13846 of 2022 OPP. MAYOR'S BUNGLOW LAW GARDEN ROAD MITHAKHALI AHMEDABAD 380006 REP BY MANAGER 2. FINCARE SMALL FINANCE BANK LTD HEAD OFFICE AT 835/39 5TH FLOOR, BREN MERCURY KAIKONDANAHALLI SARJAPUR MAIN ROAD BENGALURU - 56035 REP BY MANAGER 3. FINCARE SMALL FINANCE BANK LTD BRANCH OFICE AT 31, SIDDESHWARAKRUPA 3RD CROS, F BLOCK, JP NAGAR MYSORE - 570008 REP BY MANAGER …RESPONDENTS (BY SRI.FRANCIS XAVIER, ADVOCATE FOR R.1 TO R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY THE RESPONDENT UNDER APPENDIX IV (SEE RULE 8(1)) POSSESSION NOTICE DTD 10.05.2022 FILED AS ANNEXURE-A TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR CNR: KAHC010306742022 NC: 2026:KHC:48285 WP No. 13846 of 2022 ORAL ORDER The captioned writ petition is filed challenging the Possession Notice dated 10.05.2022 as per Annexure-A. 2. Though this Court has granted some indulgence and stayed the action initiated by the Secured Creditor by invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the ‘SARFAESI Act’) till date, learned counsel appearing for the respondent- Bank, on instructions, submits that, despite the interim order passed by this Court, the petitioner has not made any effort to clear the outstanding dues. 3. 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 - 4 - HC-KAR CNR: KAHC010306742022 NC: 2026:KHC:48285 WP No. 13846 of 2022 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. Accordingly, the writ petition is dismissed, reserving liberty to the petitioner to avail remedy in the manner known to law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 20