- 1 - HC-KAR CNR: KAHC010418232022 NC: 2026:KHC:52024 WP No. 18235 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. 18235 OF 2022 (GM-DRT) BETWEEN: 1. TRIONES EXIM PVT LTD NO.2, 3RD CROSS, KASHINAGAR YELACHENAHALLI KANAKAPURA ROAD REPRESENTED BY ITS MANAGING DIRECTOR A Y VINU KUMAR S/O M G YADU KUMAR AGE 40 YEARS 2. A Y VINU KUMAR S/O M G YADU KUMAR AGE 40 YEARS NO.1416, 1ST MAIN ROAD 2ND PHASE, GIRINAGAR BANGALORE-560085. …PETITIONERS (BY SRI. N. SURESHA, ADVOCATE) AND: 1. KURUHINA SETTY SOUHARDA CREDIT COOPERATIVE LIMITED REGISTERED IN CO-OP REGISTRATION ACT, 1956 HEAD OFFICE NO.538, 1ST FLOOR SIDDHIVINAYAKA TOWER, J P NAGAR 7TH PHASE, R B I COLONY OP TO BRIGADE MILLENIUM BANGALORE - 560078 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010418232022 NC: 2026:KHC:52024 WP No. 18235 of 2022 REPRESENTED BY AUTHORIZED OFFICER 2. SMT HEMALATHA W/O PUTTEGOWDA AGE 50 YEARS MUTHUGADAHALLI POST,MAYASANDRA HOBLI TURUVEKERE TALUK, TUMKUR KARNATAKA-572221. 3. SRI PUTTEGOWDA S/O MUDDEGOWDA AGE 62 YEARS MUTHUGADAHALLI POST MAYASANDRA HOBLI, TURUVEKERE TALUK TUMKUR, KARNATAKA-572221. 4. SRI M G YADUKUMAR S/O H GANGAIAH AGE 65 YEARS NO.1416, 1ST MAIN ROAD 2ND PHASE, GIRINAGAR BANGALORE-560085. 5. SRI A Y VIJAYA KUMAR S/O M G YADU KUMAR NO.702, BHEL LAYOUT EXTENSION 2ND STAGE, KEMPEGOWDA MAIN ROAD NEAR PANCHAMUKHI APARTMENT PATTANAGERE RAJARAJESHWARINAGAR BENGALURU-560098. …RESPONDENTS (R1 – SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 24.08.2022 PASSED BY THE 32ND ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU IN C.MIS NO.2264/22 AT ANNEXURE-D. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010418232022 NC: 2026:KHC:52024 WP No. 18235 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 The petitioners, who are the borrowers and admitted defaulters, have challenged the order dated 24.08.2022 passed by 32nd Additional Chief Metropolitan Magistrate, Bengaluru in C.Misc.No.2264/2022 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 default borrowers, when action is contemplated by the Secured Creditor under the provisions of SARFAESI Act, this Court vide order dated 14.09.2022 granted stay subject to depositing 30% of the amount due to the respondent – Bank under three installments. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010418232022 NC: 2026:KHC:52024 WP No. 18235 of 2022 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 the 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. Therefore, the writ petition is devoid of merits and accordingly, stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 18 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified