- 1 - HC-KAR CNR: KAHC010090752022 NC: 2026:KHC:52016 WP No. 4571 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4571 OF 2022 (GM-DRT) BETWEEN: 1. SRI NAGARAJU B R S/O RANGAPPA AGE 50 YEARS, R/AT BELAGUNMB, TUMKUR TALUK NEAR MARUTHI VIDYA KENDRA TUMKURU-572 104. …PETITIONER (BY SRI. N. SURESHA AND ASSOCIATES, ADVOCATE) AND: 1. EQUITAS SMALL FINANCE BANK SWAMI LOTUS, NO.110/6, LALBAGH ROAD CROSS, KRISHNAPPA LAYOUT, BANGALORE-560027 REP BY AUTHORISED OFFICER. 2. SMT. SOWMYA W/O HANUMANTHARAYAPPA AGED 40 YEARS, BELAGUMBA, TUMKUR TALUK, NEAR MARUTHI VIDYA KENDRA TUMKURU-562 104. …RESPONDENTS (BY SRI. VIJAY S., ADVOCATE FOR C-R1) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010090752022 NC: 2026:KHC:52016 WP No. 4571 of 2022 DATED 16.12.2021 PASSED BY THE PRINCIPAL SR. CIVIL JUDGE AND CJM, TUMKUR BANGALORE IN C.MIS.NO.11/2020 AT ANNEXURE-B. 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 The petitioner, who is a borrower and an admitted defaulter, has challenged the order dated 16.12.2021 passed by the Principal Senior Civil Judge and CJM, Tumakuru, Bengaluru in C.Mis.No.11/2020 as per Annexure-B under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”). 2. Though the order passed by the learned Magistrate under Section 14 of the SARFAESI Act is not amenable to the writ jurisdiction, this Court taking lenient view was pleased to grant interim order on 24.03.2022 subject to deposit of Rs.2,50,000/-. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010090752022 NC: 2026:KHC:52016 WP No. 4571 of 2022 3. The records reveal that the interim order is not complied. 4. The petitioner, taking the undue advantage of the conditional interim order granted by this Court, has virtually stalled the recovery proceedings for close to four years. 5. It is now well settled by a catena of decisions of the Hon’ble Supreme Court, including United Bank of India v. Satyavati Tandon and others reported in (2010)8 SCC 110 consistently followed by this Court, that measures initiated by a secured creditor under the provisions of the SARFAESI Act are not ordinarily amenable to the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, Therefore, the writ petition is devoid of merits and accordingly, stands dismissed. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010090752022 NC: 2026:KHC:52016 WP No. 4571 of 2022 Liberty is reserved to the respondent – Bank to proceed against the secured assets of the petitioner. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 7 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified