- 1 - HC-KAR CNR: KAHC010423402022 NC: 2026:KHC:50105 WP No. 18497 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 18497 OF 2022 (GM-DRT) BETWEEN: 1. SMT. SARITHA K P W/O RAMACHNDRAN .T 10, SUBBANNA CHIKANNA LAYOUT, GARUDACHAR PALYA, WHITEFIELD ROAD, MAHADEVAPURA POST, BENGALURU-560048. …PETITIONER (BY SMT. KAVITHA .D, ADVOCATE) AND: 1. BANK OF BARODA INFANTRY ROAD BRANCH NO. 23/24, INFANTRY ROAD, BENGALURU-560001. REP BY ITS CHIEF MANAGER …RESPONDENT (SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT BANK NOT TO DISTURB THE PEACEFULL ENJOYMENT OF THE SCHEDULE PROPERTY BY THE PETITIONER AND BY GRANTING FOUR WEEKS TIME TO COMPLY THE INTERIM ORDER AS GRANTED BY THE DEBT RECOVERY TRIBUNAL AT BANGALORE IN S.A.NIO.348/2022 ON 01.06.2022 VIDE ANNEXURE-E; AND ETC. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010423402022 NC: 2026:KHC:50105 WP No. 18497 of 2022 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 captioned writ petition is filed seeking a mandamus directing the respondent-bank not to disturb peaceful enjoyment of the suit schedule property by the petitioner. 2. This Court, vide order dated 23.09.2022 granted interim order subject to petitioner depositing a sum of Rs.1,05,00,000/- (Rupees One Crore Five Lakh Only) in three instalments. Petitioner who obtained an interim order at the hands of this Court has now failed to comply the interim order. 3. Be that as it may. The Hon'ble Apex Court has consistently held that the action undertaken by the secured creditor under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "SARFAESI Act"). Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010423402022 NC: 2026:KHC:50105 WP No. 18497 of 2022 cannot be interdicted by the writ Court. 4. In the present case on hand, a writ is sought seeking certain directions, more particularly not to disturb petitioner's enjoyment over the suit schedule property. If petitioner is a defaulter, respondent as a secured creditor has a right to proceed under the provisions of Act. The right of secured creditor to proceed under SARFAESI Act cannot be interdicted by the writ Court. Petition is devoid of merit. Accordingly, the writ petition stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 31 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified