- 1 - HC-KAR CNR: KAHC010448932022 NC: 2026:KHC:50103 WP No. 19605 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. 19605 OF 2022 (GM-DRT) BETWEEN: 1. M/S SRI SADGURU SAI MOTORS HAVING ITS OFFICE AT NO 131/1 LIMRA COMPLEX, 8TH MILE T DASARAHALLI, TUMKURU MAIN ROAD BENGALURU 560057 REP BY ITS PARTNERS MR VINAY RAVINDRANATH 1. AGED 34 YEARS S/O RAVIDNRANATH REDDY T 2. MR VIVEK RAVIDNRANATH REDDY AGED 31 YEARS S/O RAVINDRANATH REDDY T NOT PARTNERSHIP FIRM …PETITIONER (BY SRI. KOMALA .G, ADVOCATE) AND: 1. M/S THE FEDERAL BANK LTD LOAN COLLECTION AND RECOVERY DEAPREMNT BENGALURU DIVISON, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010448932022 NC: 2026:KHC:50103 WP No. 19605 of 2022 NO 4, 2ND CROSS CSI COMPOUND, MISSION ROAD BENGALURU 560027 REP BY ITS AUTHORISED OFFICER …RESPONDENT (BY SRI. JEEVAN KUMAR .B.S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER I.E., THE POSSESSION NOTICE DATED 16.09.2022 PASSED BY THE RESPONDENT IN NUMBER BGRLCRD/BGRQ/17S/ / 2022-23 FILED AT ANNEXURE-J TO THIS WRIT PETITION; 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 ORAL ORDER Captioned petition is filed by the defaulter assailing the possession notice issued under Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "SARFAESI Act"). Despite petitioner obtaining interim Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010448932022 NC: 2026:KHC:50103 WP No. 19605 of 2022 order at the hands of this Court, records reveal that the conditional order granted by this Court is not complied. The same is evident from the first interim order passed by this Court on 28.09.2022. Even on subsequent dates, this Court, granted further indulgence to petitioner who was a defaulter vide order dated 9.11.2023. On perusal of the order sheet, this Court is more than satisfied that the writ jurisdiction is misused by the petitioner who has failed to deposit the amount due. The interim order granted by this Court is subject to deposit of Rs.1,26,00,000/-. Not a single rupee is paid nor the documents are produced to demonstrate the compliance of interim order. 2. 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 SARFAESI Act cannot be interdicted by the writ Court at the instance of a default borrower. This petition is kept pending since 2022, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010448932022 NC: 2026:KHC:50103 WP No. 19605 of 2022 which has seriously prejudiced the rights of the respondent /bank in recovering the money legally due. The petition is devoid of merits and accordingly, stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 33 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified