- 1 - HC-KAR CNR: KAHC010549792022 NC: 2026:KHC:55022 WP No. 23920 of 2022 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. 23920 OF 2022 (GM-DRT) BETWEEN: 1. SRI DURGE GOWDA S/O DODDAHOMBALE GOWDA AGED ABOUT 90 YEARS 2. SRI D MANJUNATH S/O DURGE GOWDA AGED ABOUT 43 YEARS BOTH ARE RESIDING AT VALAGEREHALLI VILLAGE THUGANI POST, KANAKAPURA TALUK RAMANAGARA DISTRICT-562117. 3. KANTHARAJU S/O LATE THIMMEGOWDA AGED ABOUT 45 YEARS R/AT ARALALUSANDRA VILLAGE KASABA HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT-562117. 4. SRI LAKSHMIKANTHA GOWDA S/O V PUTTASWAMY GOWDA AGED ABOUT 38 YEARS R/AT VALAGEREHALLI VILLAGE THUGANI POST, KANAKAPURA TALUK RAMANAGARA DISTRICT-562117. …PETITIONERS (BY SRI. KRISHNA MURTHY .M, ADVOCATE) Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010549792022 NC: 2026:KHC:55022 WP No. 23920 of 2022 AND: 1. CENTRAL BANK OF INDIA KANAKPURA BRANCH NO.602 655, M G ROAD KANAKAPURA TALUK, RAMANAGARA DISTRICT-562117 REPRESENTED BY ITS AUTHORIZED OFFICER MR Y S R S VIJAYA KUMAR S/O SATHAYANARAYANA AGED ABOUT 53 YEARS …RESPONDENT (BY SRI. EASHWAR PRASAD .B, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO. NIL DATED 18.11.2022 VIDE ANNX-E ISSUED BY THE RESPONDENT; 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 Learned counsel appearing for the petitioners submits that petitioner No.1 has expired. However, there are other borrowers and the writ petition survives for consideration. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010549792022 NC: 2026:KHC:55022 WP No. 23920 of 2022 2. The records reveal that despite this Court granted some protection vide order dated 08.12.2022 subject to the petitioners depositing 30% of the amount in three installments. No documents are produced demonstrating that the order passed by this Court is complied with. 3. Be that as it may, the petitioners, in the captioned writ petition, are questioning the Possession Notice dated 18.11.2022 as per Annexure-E. 4. On perusal of Annexure-E, the action initiated by the respondent – Bank/Secured Creditor is under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”). 5. The Hon'ble Apex Court in the case of United Bank of India and Satyawati Tondon and others reported in (2010)8 SCC 110 and subsequent judgments has held that the action of the Secured Creditor invoking Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010549792022 NC: 2026:KHC:55022 WP No. 23920 of 2022 provisions of the SARFAESI Act are not amenable to the writ jurisdiction and the borrowers have to be relegated to the Debt Recovery Tribunal to invoke the provisions of the SARFAESI Act. 6. Since the petitioners have taken the benefit of the interim order granted in 2002 without depositing any amount in compliance of the order dated 08.12.2022, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 19 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified