- 1 - HC-KAR NC: 2026:KHC:15623 WP No. 6647 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 6647 OF 2023 (GM-DRT) BETWEEN: 1. SRI. VIJAY KUMAR K. S/O SRI. KRISHNAMURTHY, AGED 50 YEARS, R/AT NO.38/2, PLOT NO.105, 17TH CROSS, 35TH MAIN, 6TH PHASE, J P NAGAR, BANGALORE - 560 078. &PETITIONER (BY SRI. SANDHYA U. PRABHU, ADVOCATE) AND: 1. ASHOKNAGAR CO-OPERATIVE BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER/ MANAGER REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT, NO.1380/B, 6TH CROSS, ASHOKNAGAR, BSK 1ST STAGE, 2ND BLOCK, BANGALORE - 560 050 (NOTE SRI KRISHNAMURTHY IS NOT MADE AS PARTY AS NO RELIEF IS CLAIMED AGAINST HIM) &RESPONDENT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15623 WP No. 6647 of 2023 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH SALE NOTICE ISSUED BY RESPONDENT BANK DTD 20/02/2023 BEARING REF NO. ACBL/774/2022-23 PRODUCED AT ANNEXURE-A IN RESPECT OF SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: "a) Issue a writ of certiorari quashing Sale Notice Issued by respondent bank Dated 20/02/2023 bearing Ref No.ACBL/774/2022-23 Produced at Annexure-A in respect of schedule property. b) Grant any such further and other reliefs as this Hon'ble court may consider fit and proper in the facts and circumstances of the case; and" 2. The writ petition is of the year 2023. The writ petition is filed against the respondent/Ashoknagar Co-operative Bank Limited, which is a private financial - 3 - HC-KAR NC: 2026:KHC:15623 WP No. 6647 of 2023 company. In the light of the law laid down by the Hon9ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257- 259 of 2022, a writ petition against a private financial company is not maintainable. 3. The writ petition is liable to be dismissed as not maintainable. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed as not maintainable, giving liberty to the petitioner to avail appropriate remedy before the Debts Recovery Tribunal. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act, 1963. iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 2