- 1 - HC-KAR CNR: KAHC010425762022 NC: 2026:KHC:52026 WP No. 18656 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. 18656 OF 2022 (GM-DRT) BETWEEN: 1. MATHRUBHOOMI SOUHARDA SAHAKARI LTD., REG. NO.526/2005-06 REG. OFFICE MATHRUDHAMA GURUPURA KAIKAMBA KINNIKAMBALA, MANGALURU-574151, DK. REPRESENTED BY ITS MANAGING DIRECTOR MR KRISHNA KOMPADAVU REGISTERED UNDER CO-OPERATIVE SOCIETY ACT …PETITIONER (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. THE AUTHORISED OFFICER BHARATH CO OPERATIVE BANK MUMBAI LTD VASUKI TOWER, NEXT TO VISHWAS COMMERCIAL BUILDING NEAR TALUK OFFICE, OPP DISTRICT COURT UDUPI-576101 REPRESENTED BY ITS DEPUTY GENERAL MANAGER AND AUTHORIZED OFFICER MR BALAKRISHNA S. KARKERE 2. MR ROLWIN PETER RODRIGUES AGED ABOUT 47 YEARS PROP OF M/S POMPEI SQUARE SUPERMARKET POMPEI SQUQRE MAIN ROAD Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010425762022 NC: 2026:KHC:52026 WP No. 18656 of 2022 GURUPURA KAIKAMBA, MANGALURU-574151. 3. MRS ANITHA RODRIGUES W/O MR ROLWIN RODRIGUES AGED ABOUT 42 YEARS DOOR NO.6-155, SALMARA HOUSE KAIKAMBA, MANGALURU-57415. …RESPONDENTS (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE FOR R1; R2 AND R3 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DATED NIL IN CRL.MISC 109/2022 PASSED BY THE PRL.SENIOR CIVIL JUDGE AND CJM DAKSHINA KANNADA (ANNEXURE-G). 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 the borrower and admitted defaulter, has challenged the order passed in Crl.Misc.No.109/2022 passed by the Principal Senior Civil Judge and CJM, Dakshina Kannada as per Annexure-G under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010425762022 NC: 2026:KHC:52026 WP No. 18656 of 2022 Security Interest Act, 2002 (for short, “the SARFAESI Act”). 2. Though the Hon’ble Apex Court has consistently held that no indulgence would be granted to a default borrower, when action is contemplated by the Secured Creditor under the provisions of SARFAESI Act, this Court vide order dated 26.09.2022 granted stay subject to deposit of Rs.50,00,000/- of the amount under two installments. 3. The learned counsel appearing for the respondent submits that the interim order is not complied with and not a single rupee is deposited. 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. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010425762022 NC: 2026:KHC:52026 WP No. 18656 of 2022 5. It is now well settled by a catena of decisions of the Hon’ble Supreme Court, 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. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 21 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified