- 1 - HC-KAR CNR: KAHC010700582026 NC: 2026:KHC:56199 WP No. 31793 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 31793 OF 2026 (GM-DRT) BETWEEN: 1. SRI H SUPRITH SHETTY S/O N SEETHARAM SHETTY AGED ABOUT 52 YEARS, 2. SMT. MALLIKA S SHETTY W/O H SUPRITH SHETTY, AGED ABOUT 44 YEARS BOTH ARE RESIDING AT PRASIDDI ENCLAVE, NO. 46 AND 47, SF-01, 12TH A CROSS GANGAMMA GARDEN, MAALAGALA VISWANEEDAM POST BENGALURU - 560091 …PETITIONERS (BY SRI. GIREESHA KODGI.,ADVOCATE) AND: 1. M/S HINDUJA HOUSING FINANCE REGISTERED OFFICE AT 167-169, 2ND FLOOR, ANNA SALAI, SAIDA PET CHENNAI - 600015 (A COMPANY REGISTERED UNDER THE COMPANIES ACT) BRANCH OFFICE AT NO.50, 4TH FLOOR, VINAY ARCADE, - 2 - HC-KAR CNR: KAHC010700582026 NC: 2026:KHC:56199 WP No. 31793 of 2026 K H ROAD, SHANTHINAGAR BEHIND CANARA BANK, BENGALURU - 560027 REP BY ITS AUTHORISED REPRESENTATIVE SMR. KISHORE BABU C …RESPONDENT (BY SRI. S.N. CHANDRA SHEKAR., ADVOCATE FOR CAVEATOR/RESPONDENT) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE ORDER DATED 4-6-2026 IN CRL. MISC. NO.950/2026 PASSED BY THE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU AS PER ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "a) Issue writ of certiorari quashing the order Dated 4-6-2026 in Crl. Misc. No.950/2026 passed by the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru as per Annexure-B. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010700582026 NC: 2026:KHC:56199 WP No. 31793 of 2026 b) Declare that the initiation of proceedings under Section 14 of the SARFAESI Act by the Respondent Bank, without issuing valid demand notice under Section 13(2) SARFAESI Act and without expiry of the statutory period of 60 days therefrom, is illegal without jurisdiction and contrary to the provisions of the SARFAESI Act,. c) Issue any other order or award as this Hon'ble Court deems fit in the facts and circumstances of the case." 2. It is forthcoming that in the present writ petition the order dated 04.06.2026 (Annexure-B to the writ petition) passed in Crl.Misc.No.950/2026 passed by the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, has been called in question, which is a proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021. 3. Having regard to the fact that the petitioner has an alternate efficacious remedy under the provisions of the SARFAESI Act, the present writ petition stands dismissed. 1 Hereinafter referred to as the 'SARFAESI Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010700582026 NC: 2026:KHC:56199 WP No. 31793 of 2026 4. This order will not preclude the petitioner from availing remedies in accordance with law. 5. Pending IAs., if any, stand disposed of. (C.M. POONACHA) JUDGE ND List No.: 3 Sl No.: 3 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA