- 1 - HC-KAR CNR: KAHC010485372022 NC: 2026:KHC:51861 WP No. 21082 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 21082 OF 2022 (GM-DRT) BETWEEN: 1. MR RAMANNA HARISHA MAJOR S/O MR BOODIHAL RAMANNA AGED ABOUT 55 YEARS NO.3447, 6TH CROSS J P NAGAR, KUMARA SWAMY LAYOUT BENGALURU - 560 078 ALSO AT MR RAMANNA HARISHA PAVAN TOURS AND TRAVELS NO.6 AND 7, 5TH CROSS ABHAYA COMPLEX SIDDAIAH ROAD WILSON GARDEN BENGALURU - 560 027 2. MRS GAYATHRI HARISH W/O MR RAMANNA HARISHA AGED ABOUT 45 YEAS NO.3447, 6TH CROSS JP NAGAR, KUMARA SWAMY LAYOUT BENGALURU - 560 078 …PETITIONERS (BY SRI. RAJENDRA M A.,ADVOCATE) Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010485372022 NC: 2026:KHC:51861 WP No. 21082 of 2022 AND: THE AUTHORISED OFFICER HDFC BANK LIMITED HAVING ITS BRANCH OFFICE AT 3RD FLOOR, B WING GOLDEN TOWERS OLD AIRPORT ROAD KODIHALLI, BENGALURU - 560 017 REPRESENTED BY ITS AUTHORISED OFFICER MR SREENIDHI S N NOW THE OFFICE IS SHIFTED TO THE AUTHORISED OFFICER HDFC BANK LIMITED GROUND FLOOR, RASHTROTHANA BHAVAN MUNICIPAL NO.3/1, WARD NO.17 NRUPATHUNGA ROAD BANGALORE - 560 001 REPRESENTED BY ITS GENERAL MANAGER …RESPONDENT (BY SRI. AVINASH B.C., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE ENTIRE MEASURES INITIATED U/S 13(2) AND 13(4) AND SECTION 14, BY QUASHING THE ORDERS PASSED BY THE HONBLE 30TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN CRL.MISC.NO.466/2021, DTD 4TH MARCH, 2021 - ANNEXURE-H BASED ON WHICH THE SCHEDULE PROPERTY IS SEIZED AND AS A CONSEQUENTIAL RELIED PRAYS TO RESTORE THE POSSESSION AS PER SECTION 17(3) OF THE ACT, BESIDES PRAYS TO AWARD COMPENSATION, AS PER SECTION 19 OF THE SARFAESI ACT, 2002 ETC. - 3 - HC-KAR CNR: KAHC010485372022 NC: 2026:KHC:51861 WP No. 21082 of 2022 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 Caption petition is filed questioning the action initiated by the respondent secured creditor invoking the provisions of Sections 13 and 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act'). 2. Notwithstanding the law declared by the Hon'ble Apex Court directing writ courts not to grant any indulgence in actions initiated by a secured creditor under the provisions of the SARFAESI Act, this Court took a lenient view and vide order dated 30.05.2023, granted interim order, subject to deposit of 30% in 3 installments. This order is of the year 2023. 3. Learned counsel appearing for the respondent- bank submits that the recovery proceedings are stalled - 4 - HC-KAR CNR: KAHC010485372022 NC: 2026:KHC:51861 WP No. 21082 of 2022 despite deposit of 30% of the amount. This court is of the view that the petitioner, having successfully obtained some protection by way of interim measure, was required to make further deposits and also attempt to seek revival of his loan. Merely because this Court has granted interim order, the right to recover the money cannot be stalled indefinitely. The Hon'ble Apex Court has clearly held that action initiated by the secured creditor under the provisions of SARFAESI Act is not amenable to writ jurisdiction. Accordingly, the writ petition is dismissed. The respondent is at liberty to proceed against the petitioner in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 10