- 1 - HC-KAR CNR: KAHC010372802022 NC: 2026:KHC:51855 WP No. 16216 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 16216 OF 2022 (GM-DRT) BETWEEN: M/S. BRANTESH ASSOSIATES DASAPPA NILAYA 7TH CROSS, 3RD STAGE, 1ST CROSS, VINOBANAGARA SHVAMOGGA - 577 214, BY ITS PARTNERS SRI. BASAVARAJA G S/O HALESHAPPA, 38 YEARS MAIN ROAD, BANNURU SHIVAMOGGA DIST. - 577 214. SRI. HALESHAPPA G, S/O HALAPPA, 66 YEARS BANNURU VILLAGE KASABA HOBLI - 577 214 SHIKARIPURA TQ, SHIVAMOGGA DIST. …PETITIONER (BY SRI. JAYANNA G.R, ADVOCATE) AND: 1. CANARA BANK VINOBANAGARA BRANCH, SHIVAMOGGA - 577 204, Digitally signed by ASHWINI MAYAPPA MAVARAKAR Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010372802022 NC: 2026:KHC:51855 WP No. 16216 of 2022 BY ITS BRANCH MANAGER. 2. THE AUTHORISED OFFICER UNDER SARFAESI ACT, CANARA BANK, VINOBANAGARA BRANCH, SHIVAMOGGA - 577 204. …RESPONDENTS (R1 - CANARA BANK, BY ITS BRANCH MANAGER - SERVED; R2 - THE AUTHORIZED OFFICER, UNDER SARFAESI ACT CANARA BANK, SHIVAMOGGA - SERVED) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED DEMAND NOTICE DTD. 26.8.2021 IS AT ANNEXURE-B CONSEQUENTIALLY QUASH THE IMPUGNED POSSESSION NOTICE DTD. 12.8.2022 IS AT ANNEXURE-C BOTH ARE ISSUED BY THE R-2 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Captioned writ petition is filed by the defaulting borrower calling in question the demand notice and the consequential possession notice issued by the respondent-Secured Creditor under the provisions of the Securitisation and Reconstruction of - 3 - HC-KAR CNR: KAHC010372802022 NC: 2026:KHC:51855 WP No. 16216 of 2022 Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act’). 2. It is a settled position that the writ jurisdiction of this Court is not ordinarily invoked to interdict the measures initiated by a secured creditor under the provisions of the SARFAESI Act, particularly at the instance of a defaulting borrower, when an efficacious statutory remedy is available. Nevertheless, accepting the submission made on behalf of the petitioner, this Court had granted an indulgence and stalled further proceedings vide order dated 18.08.2022, subject to the petitioner depositing a sum of Rs.9,00,000/- in three instalments. 3. It is rather unfortunate that, despite the said order having been passed as far back as on 18.08.2022, the petitioner has not deposited even a single rupee towards the amount stipulated by this Court. The conditional indulgence granted by this Court has, therefore, remained wholly unavailed of. Such conduct clearly demonstrates that the petitioner has failed to honour the undertaking implicit in the order and has sought to continue the proceedings without - 4 - HC-KAR CNR: KAHC010372802022 NC: 2026:KHC:51855 WP No. 16216 of 2022 complying with the condition subject to which the protection was granted. The continuation of the present proceedings, in these circumstances, amounts to an abuse of the process of this Court. 4. Learned counsel appearing for the petitioner, on instructions, submits that he has no instructions from his clients. In view of the aforesaid conduct, this is undoubtedly a fit case for imposition of exemplary costs. However, taking a lenient view, this Court refrains from imposing costs. 5. For the foregoing reasons, the writ petition, being not maintainable and devoid of merit, stands dismissed. All pending interlocutory applications, if any, stand disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 4