- 1 - HC-KAR CNR: KAHC010472082022 NC: 2026:KHC:50000 WP No. 20605 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. 20605 OF 2022 (GM-DRT) BETWEEN: 1. SRI T. THIMMEGOWDA AGED ABOUT 53 YEARS S/O SRI. THIMMAIAH C/O M/S INDIAN TRADERS NO.5, SIDDAIAH ROAD, BENGALURU 560 027. …PETITIONER (BY SMT. ROHINI .K.M AND SMT. N.K. KAMALA, ADVOCATES) AND: 1. STATE BANK OF INDIA SPCIALIZED PERSONAL BANKING BRANCH NO.65, ST. MARKS ROAD BANGALORE 560 001 RERPESENTED BY ITS MANAGER 2. M/S YASHOLAKSHMI RESOLUTION AND CONSULTANTS PVT LTD FLAT NO.001, TASKER PARK APARTMENT NO.10, PARK ROAD, TASKAR TOWN BANGALORE 560 051. (SECURITY ENFORCING AUTHORITY) REGD. UNDER THE COMPANIES ACT, 1956 3. THE SUB REGISTRAR BTM LAYOUT BANGALORE 560 068. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010472082022 NC: 2026:KHC:50000 WP No. 20605 of 2022 4. SRI. KRISHNAPPA NISCHAL AGED ABOUT 49 YEARS S/O SRI. BOREGOWDA KRISHNAPPA R/AT NO.19, 1ST MAIN, 6TH CROSS JAGAJYOTHI LAYOUT, NAGADEVANAHALLI, KENGERI, BANGALORE 560 056. 5. SMT. LEELAVATHI AGED ABOUT 53 YEARS W/O LATE B.K. PURUSHOTHAM 6. SRI. B.P PRAVEENKUMAR AGED ABOUT 39 YEARS S/O LATE B.K. PURUSHOTHAM 7. SRI. B.P MITHUN AGED ABOUT 37 YEARS S/O LATE B.K. PURUSHOTHAM R5 TO R7 ARE R/AT NO.27, GROUND FLOOR, 1ST MAIN ABBAIAH NAIDU STUDIO ROAD, CHIKKALASANDRA, SUBRAMANYAPURA POST BANGALORE. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA, AGA FOR R3; SRI. T.P. MUTHANNA, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER ANNEXURE-A DTD.16.9.2022 ISSUED BY R1; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010472082022 NC: 2026:KHC:50000 WP No. 20605 of 2022 ORAL ORDER The captioned writ petition is filed questioning the notice dated 16.09.2022 issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'). This Court vide order dated 10.09.2025 had directed respondent Nos.1 and 4 not to create any third party rights. 2. The Hon'ble Apex Court, in the case of United Bank of India v. Satyawati Tondon and others1 has consistently held that actions of a secured creditor under the provisions of SARFAESI Act are not amenable to writ jurisdiction. Despite the consistent direction issued by the Hon'ble Apex Court, the defaulters are knocking the doors of the Writ Court and secure interim orders at the hands of this Court. 1 (2010)8 SCC 110 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010472082022 NC: 2026:KHC:50000 WP No. 20605 of 2022 3. In the present case on hand, an action contemplated by the Secured Creditor under SARFAESI Act has remained virtually stalled since September 2025. This Court is of the view that secured creditor cannot be restrained or injuncted from proceeding in a manner known to law. Therefore, the writ petition is devoid of merits and accordingly, stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 10 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified