- 1 - HC-KAR CNR: KAHC010459142022 NC: 2026:KHC:50101 WP No. 19877 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. 19877 OF 2022 (GM-DRT) BETWEEN: 1. MRS. BHAVANI SHAMANNA AGED ABOUT 38 YEARS, W/O MR. MANJUNATH P, RESIDING AT NO.35/3, 4TH CROSS, 3RD MAIN, GANESHA BLOCK, R.T.NAGAR WARD NO.32, BANGALORE-560091. …PETITIONER (BY SMT. KAVITHA .D, ADVOCATE) AND: 1. M/S UCO BANK REPRESENTED BY ITS THE AUTHORIZED OFFICER, JAYANAGAR BRANCH, NO.238/35, 9TH MAIN, 3RD BLOCK, BANGALORE-560011. REP. BY AUTHORISED OFFICER OF BRANCH. …RESPONDENT (BY SMT. SUNANDA S. RATHOD, ADVOCATE FOR C/R) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SEC 14 ORDER BEFORE CHIEF JUDICIAL MAGISTRATE IN CRL MISC NO.142/2019 PHYSICAL POSSESSION NOTICE DATED 12.07.2022 VIDE ANNEXURE-C AND THE SALE NOTICE DATED Digitally Signed By: SACHIN SHANKAR MAGADUM Verified Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010459142022 NC: 2026:KHC:50101 WP No. 19877 of 2022 19.9.2022 ISSUED BY THE RESPONDENT BANK AS PER ANNEXURE-F AND G; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the defaulter questioning the order of the Chief Judicial Magistrate ordering physical possession vide notice dated 12.07.2022 and the sale notice dated 19.09.2022 issued by the respondent/Bank as per Annexures- "F and G". 2. Despite this Court granting indulgence by staying the action of the respondent vide order dated 30.09.2022, petitioner who was called upon to deposit the sum of Rs.80,00,000/- (Rupees Eighty Lakh Only) under three instalments has not deposited any amount and no compliance is reported. 3. Be that as it may. The Hon'ble Apex Court in United Bank of India Vs. Satyavati Tandon & others Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010459142022 NC: 2026:KHC:50101 WP No. 19877 of 2022 (2010)8 SCC 11 has held that the action contemplated 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") cannot be interdicted by a writ Court. The possession notice and the sale notice are in accordance with law in view of the fact that petitioner has not shown any inclination in paying off the dues legally recoverable by the respondent/Bank. Writ petition is devoid of merits and accordingly, stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 35 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified