- 1 - HC-KAR CNR: KAHC010406322022 NC: 2026:KHC:52022 WP No. 17979 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. 17979 OF 2022 (GM-DRT) BETWEEN: 1. MR ROBERT D SOUZA S/O LATE SIMON D SOUZA AGED ABOUT 63 YEARS RESIDING AT ANAGALI VILLAGE KEMPANA THOPLU KUNDAPURA - 576211 …PETITIONER (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. UNION BANK OF INDIA A BODY CORPORATE CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1970 A SCHEDULE BANK WITHIN THE MEANING OF THE BANKING REGULATION ACT 1949 AND CARRYING ON BUSINESS INTER ALIA HAVING BRANCH AT VADERHOBLI KUNDAPURA TALUK REPRESENTED BY ITS CHIEF MANAGER AND AUTHORIZED OFFICER MR GAURAV UPADHYAY S/O MR J K UPADHYAY …RESPONDENT (BY SRI. SREEKANTHA .K.S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010406322022 NC: 2026:KHC:52022 WP No. 17979 of 2022 ORDER DATED 19.08.2022 IN CRL.MISC.135/2022 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM, DAKSHINA KANNADA ANNEXURE-B. 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 dated 19.08.2022 passed in C.Misc.No.135/2022 passed by the Principal Senior Civil Judge and CJM, Dakshina Kannada as per Annexure-B 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, this Court vide order dated 20.09.2022 granted stay Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010406322022 NC: 2026:KHC:52022 WP No. 17979 of 2022 subject to deposit of 30% 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: KAHC010406322022 NC: 2026:KHC:52022 WP No. 17979 of 2022 Therefore, the writ petition is devoid of merits and accordingly, stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 15 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified