Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010164212020 NC: 2026:KHC:55025 WP No. 7351 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.7351 OF 2020 (GM-DRT)
BETWEEN:
1.
H RAVIPRAKASH REDDY AGED 49 YEARS S/O LATE RAJAGOPAL REDDY R/A DOOR NO.2, SITARAM NIVAS K C ROAD, BELLARY-583101.
…PETITIONER
(BY SRI. V MOHAN, ADVOCATE)
AND:
1.
STATE BANK OF INDIA AUTHORISED OFFICER REGIONAL BUSINESS OFFICE REGION IV, SBI BUILDING STATION ROAD, BALLARI-583101.
2.
K NARENDRA REDDY AGED 45 YEARS S/O K RAVICHANDRA REDDY 1-750, RUDRAM PETA ANANTHAPUR, ANDHRA PRADESH-515001.
…RESPONDENTS
(BY SRI. B.N. TULSI KUMAR, ADVOCATE FOR R1)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
Digitally Signed By:
SACHIN SHANKAR MAGADUM Verified
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HC-KAR
CNR: KAHC010164212020 NC: 2026:KHC:55025 WP No. 7351 of 2020
IMPUGNED POSSESSION NOTICE DATED 03.12.2019 ISSUED BY THE R-1 BANK IN RESPECT OF THE SCHEDULE PROPERTY 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 petitioner, who is a default borrower, is assailing the Possession Notice dated 03.12.2019 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. No interim order is granted by this Court.
3. 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.
Digitally Signed By:
SACHIN SHANKAR MAGADUM Verified
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HC-KAR
CNR: KAHC010164212020 NC: 2026:KHC:55025 WP No. 7351 of 2020
4. In view of the availability of an efficacious statutory remedy under the provisions of SARFAESI Act and the settled principles governing the exercise of writ jurisdiction in matters arising under the SARFAESI Act, the writ petition is devoid of merits and is liable to be dismissed.
Accordingly, this writ petition is dismissed.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 3 Digitally Signed By:
SACHIN SHANKAR MAGADUM Verified