- 1 - HC-KAR CNR: KAHC010627392026 NC: 2026:KHC:49959 WP No. 28708 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 28708 OF 2026 (GM-RES) BETWEEN: 1. M/S. A. M. ENTERPRISES REPRESENTED BY ITS PARTNERS, S. JAVEED S/O. SAMIULLA AND SAMEENA BANU, PARTNERSHIP FIRM OFFICE AT NO. 127, KHBCS LAYOUT, LAGGERE, PO PEENYA SMALL INDUSTRIES, BENGALURU 560 058. BEARING REGISTRATION NO. 29ABAFA1457G1ZN 2. SRI S. JAVEED S/O. SAMIULLA AGED ABOUT 47 YEARS, PARTNER, M/S. A.M. ENTERPRISES OFFICE AT NO. 127, KHBCS LAYOUT, LAGGERE, PO PEENYA SMALL INDUSTRIES, BENGALURU 560 058. 3. SMT. SAMEENA BANU, W/O. S JAVEED, PARTNER, M/S. A.M. ENTERPRISES AGED ABOUT 41 YEARS, NO. 127, KHBCS LAYOUT, LAGGERE, PO PEENYA SMALL INDUSTRIES, BENGALURU 560 058. …PETITIONERS (BY SMT. ANKITA PATIL, ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL, ADVOCATE) - 2 - HC-KAR CNR: KAHC010627392026 NC: 2026:KHC:49959 WP No. 28708 of 2026 AND: IDFC FIRST BANK REPRESENTED BY ITS BRANCH MANAGER, KCA ENCLAVE BRANCH, 2ND FLOOR, POLICE STATION ROAD, KORAMANGALA, BENGALURU 560 095. …RESPONDENT THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENT TO RESTORE THE POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONERS SUBJECT TO SUCH TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM FIT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "a. Issue an appropriate writ, order or direction to the respondent to restore the possession of the Schedule Property to the Petitioners subject to such terms and conditions as this Hon'ble Court may deem fit; b. Issue an appropriate writ, or order quashing the communication dated 28.08.2026 (Annexure- 'A') and consequently restrain the Respondents from taking physical possession of, dispossessing the tenants of the Petitioner from the Schedule Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010627392026 NC: 2026:KHC:49959 WP No. 28708 of 2026 Property pursuant to the order dated 28.07.2026 passed in [Annexure B] Crl.Misc.No.5483/2026 passed by the Additional Chief Metropolitan Magistrate, Bengaluru. c. Issue an appropriate writ, order or direction directing the Respondent Bank to consider the Petitioners' request for regularization of the loan account and to grant reasonable time to make payment of the lawful outstanding dues by way of One Time Settlement, subject to such terms and conditions as this Hon'ble Court may deem fit; d. Issue an appropriate writ or order quashing the order dated 28.07.2026 passed in Crl. Misc.No.5483/2026 passed by the learned XXXI Additional Chief Metropolitan Magistrate, Bengaluru vide Annexure-B. e. pass any order as it may deem fit in the interest of justice and equity." 2. It is forthcoming that the petitioner seeks to impugn the auction conducted by the respondent - bank which is being taken pursuant to the proceedings having been initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021. In view of the alternative remedy available to the petitioner under Section 17 of the SARFAESI Act, the present writ petition is disposed of. 1 Hereinafter referred to as the 'SARFAESI Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010627392026 NC: 2026:KHC:49959 WP No. 28708 of 2026 3. This order will not preclude the petitioner from availing remedies in accordance with law. (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 33 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA