- 1 - HC-KAR CNR: KAHC010398082022 NC: 2026:KHC:52020 WP No. 17578 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. 17578 OF 2022 (GM-DRT) BETWEEN: 1. MR ABDUL REHAMAN S/O MR HAMEED AGED ABOUT 56 YEARS THOUSEEF MANZIL, NAVUNDA VTC BYNDOOR TALUK-576224. UDUPI DISTRICT. 2. MRS SAFIYA ABDUL REHAMAN W/O MR ABDUL REHAMAN AGED ABOUT 48 YEARS H.NO.1-141, BADAKERE, NAVUNDA BYNDOOR TALUK-576224. UDUPI DISTRICT. …PETITIONERS (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. THE AUTHORIZED OFFICER CANARA BANK KUNDAPURA BRANCH GIRIJA COAST ROAD KUNDAPUR TALUK-576201 UDUPI DISTRICT. …RESPONDENT (SERVED AND UNREPRESENTED) Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010398082022 NC: 2026:KHC:52020 WP No. 17578 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE NOTICE DATED 19.08.2022 ISSUED BY THE RESPONDENT BANK.(ANNEXURE-C) AND ETC. 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 assailed the Sale Notice dated 19.08.2022 issued by the respondent- Bank invoking 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 writ petition was not maintainable in the light of the authoritative judgment rendered by the Hon'ble Apex Court, this Court vide order dated 23.09.2022 granted stay subject to deposit of Rs.7,00,000/- under three installments. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010398082022 NC: 2026:KHC:52020 WP No. 17578 of 2022 3. The learned counsel appearing for the petitioners fairly concedes that interim order dated 23.09.2022 is not complied and he has no instructions. 4. Despite the authoritative judgment rendered by the Hon'ble Apex Court in United Bank of India v. Satyavati Tandon and others reported in (2010)8 SCC 110, the auction proceedings initiated by the Secured Creditor under the provisions of the SARFAESI Act are now challenged under the writ jurisdiction. The Hon’ble Apex Court has consistently held that the actions contemplated by the Secured Creditor under the provisions of SARFAESI Act are not amenable to the writ jurisdiction. Therefore, the writ petition is devoid of merits and accordingly, stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 13 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified