- 1 - HC-KAR CNR: KAHC010411182022 NC: 2026:KHC:52093 WP No. 18090 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. 18090 OF 2022 (GM-DRT) BETWEEN: 1. SRI. FAZIL A S/O SRI AKBAR KHAN AGED ABOUT 32 YEARS R/AT NO.T-4, A BLOCK, JASMIN APARTMENT RAGHUVANAHALLI, KANAKAPURA ROAD BENGALURU -560 062 AND ALSO AT FLAT NO.205, A BLOCK, 2ND FLOOR PRUTHVI ROYAL, GOTTIGERE VILLAGE KALENA AGRAHARA -560083 BENGALURU. …PETITIONER (BY SRI. MOHAMED ZULFIKHAR AHAMED, ADVOCATE) AND: 1. BANK OF BARODA BRIGADE ROAD BRANCH, TRINITY CIRCLE NO.41/2, GROUND FLOOR VIJAYA TOWERS, VIJAYA TOWERS M G ROAD TRINITY CIRCLE BENGALURU -560 001 REPRESENTED BY ITS AUTHORIZED OFFICER MR RAKESH KUMAR ARORA …RESPONDENT (BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE) Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010411182022 NC: 2026:KHC:52093 WP No. 18090 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.07.2022 PASSED IN C.MISC.NO.3393/2022 BY THE HONBLE V ADDL. CHIEF METROPOLITAN MAGISTRATE, BANGALORE, VIDE ANNEXURE- D; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, 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 dated 28.07.2022 passed in C.Misc.No.3393/2022 passed by the V Additional Chief Metropolitan Magistrate, Bengaluru 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: KAHC010411182022 NC: 2026:KHC:52093 WP No. 18090 of 2022 this Court vide order dated 26.09.2022 granted stay subject to deposit of Rs.6,00,000/- 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 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, 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: KAHC010411182022 NC: 2026:KHC:52093 WP No. 18090 of 2022 Therefore, the writ petition is devoid of merits and accordingly, stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 17 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified