- 1 - HC-KAR CNR: KAHC010635702026 NC: 2026:KHC:53669 WP No. 28879 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 28879 OF 2026 (GM-DRT) BETWEEN: 1. M/S SIDDHARTHA CORRUGATED CARTON BOX INDUSTIRES A PROPRIETARY FIRM / MICRO ENTERPRISE REGISTERED UNDER THE MSMED ACT, 2006 REPRESENTED BY ITS PROPRIETOR, SRI. SRUJITH KESHAVA M.C., S/O SRI. CHANNA KESHVAIAH, AGED ABOUT YEARS, HAVING ITS INDUSTRIAL PLACE OF BUSINESS AT SHED NO. C-7, KSSIDC INDUSTRIAL ESTATE, PANDAVAPURA TALUK, MANDYA DISTRICT - 571434. RESIDING AT NO. 278/1, NAVYASHREE NILAYA, CHANNEL ROAD, NEAR VENKATESHWARA TEMPLE, KAVERI NAGARA, MANDYA-571401. …PETITIONER (BY SRI. LAKSHMIKANTH K..,ADVOCATE) AND: 1. UNION BANK OF INDIA PANDAVAPURA BRANCH, BEHIND TALUK OFFICE, BUDS SCHOOL COMPOUND, V.C. COLONY, PANDAVAPURA - 571434, - 2 - HC-KAR CNR: KAHC010635702026 NC: 2026:KHC:53669 WP No. 28879 of 2026 REPRESENTED BY ITS AUTHORIZED OFFICER / CHIEF MANAGER. 2. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES (MSME), UDYOG BHAWAN, NEW DELHI - 110 011. …RESPONDENTS (BY SRI. PRABHU RAO C B.,ADVOCATE FOR R1 SRI. KESHAV M DATAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE E- AUCTION SALE NOTICE DATED 24.08.2026 AT ANNX-D ISSUED BY R1 BANK UNDER SECTION 13(4) OF THE SARFAESI ACT 2002 IN RESPECT OF SHED NO. C-7 KSSIDC INDUSTRIAL ESTATE PANDAVAPURA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "a) Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing the E-Auction Sale Notice dated 24.08.2026 at Annexure-D issued by Respondent No.1 Bank under Section 13(4) of the SARFAESI Act, 2002 in respect of Shed No.C-7, KSSIDC Industrial Estate, Pandavapura. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010635702026 NC: 2026:KHC:53669 WP No. 28879 of 2026 b) Issue a writ of mandamus or any other appropriate writ or direction, commanding Respondent No.1 Bank to constitute a Stressed MSME Committee strictly in accordance with Notification S.O. 1432(E) dated 29.05.2015 at Annexure-E and RBI Guidelines, to evaluate the Petitioner's restructuring and rehabilitation proposal; and c) Pass any such other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. The petitioner submits that it is entitled to protection under the provisions of the Micro, Small and Medium Enterprises Development (MSMED) Act, 20061 despite which the respondent - Bank has classified the credit facility as a Non- Performing Asset2 (NPA) and proceedings have been initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20023. 3. It is further submitted by the learned counsel for respondent - Bank that the credit facility was sanctioned on 20.04.2022 and disbursed on 29.04.2022 and 1 Hereinafter referred to as 'MSMED Act' 2 Hereinafter referred to as 'NPA' 3 Hereinafter referred to as 'SERFAESI Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010635702026 NC: 2026:KHC:53669 WP No. 28879 of 2026 30.06.2022. It is further submitted that the petitioner is a chronic defaulter in the matter of repayment of dues and has defaulted the payment of Equated Monthly Installments4 right from the first installment. It is further submitted that the petitioner is not entitled for protection under the provisions of the MSMED Act. 4. In view of the fact that the respondent - Bank is contesting the petition that the petitioner is entitled for protection under the MSMED Act and having regard to the fact that the petitioner seeking to assail the remedies invoked by the petitioner by taking the appropriate provisions of the SARFAESI Act, the present petition is disposed of since an alternative efficacious remedy is available to the petitioner under the Provisions of SARFAESI Act. 5. This order will not preclude the petitioner from availing its remedies under the SARFAESI Act. 4 Hereinafter referred to as 'EMI' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010635702026 NC: 2026:KHC:53669 WP No. 28879 of 2026 6. Pending IAs., also stand disposed of. (C.M. POONACHA) JUDGE Vmb List No.: 1 Sl No.: 75 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA