- 1 - HC-KAR CNR: KAHC010407742022 NC: 2026:KHC:52021 WP No. 17632 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. 17632 OF 2022 (GM-DRT) BETWEEN: 1. SMT. VEENA G L W/O T.L. MANJUNATH AGED ABOUT 45 YEARS AKSHAYA NILAYA, 3RD CROSS BANASHANKARI NAGAR TUMKUR-572102. 2. SRI T L MANJUNATH S/O LINGAPPA AGED ABOUT 50 YEARS AKSHAYA NILAYA,3RD CROSS BANASHANKARI NAGAR TUMKUR-572102. …PETITIONERS (BY SRI. R. CHANNAKESHAVA, ADVOCATE) AND: 1. CANARA BANK (ERSTWHILE SYNDICATE BANK) BRANCH OFFICE, S S I T MARALUR SSIT CAMPUS, KUNIGAL ROAD TUMKUR-572105 REPRESENTED BY AUTHORISED OFFICER 2. JAYASHANKAR T L S/O LATE G LINGAPPA AGE 48 YEARS 7TH CROSS, ANUGRAHA NILAYA, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010407742022 NC: 2026:KHC:52021 WP No. 17632 of 2022 BANASHANKARI NAGAR TUMKUR-572102. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO QUASH THE SALE NOTICE DATED 4.8.2022 WHICH IS AT ANNEXURE-D VIDE REF NO.20077210001701. 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 petitioners, who are the borrowers and admitted defaulters, have challenged the Sale Notice dated 04.08.2022 issued by respondent No.1 as per Annexure-D under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of 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 borrowers, when action is contemplated by the Secured Creditor under the provisions of SARFAESI Act, Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010407742022 NC: 2026:KHC:52021 WP No. 17632 of 2022 this Court vide order dated 07.09.2022 granted stay subject to deposit of Rs.4,00,000/- of the amount under three 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 petitioners, taking undue advantage of the conditional interim order granted by this Court, have 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, 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. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010407742022 NC: 2026:KHC:52021 WP No. 17632 of 2022 Therefore, the writ petition is devoid of merits and accordingly, stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 14 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified