- 1 - HC-KAR NC: 2026:KHC:18840 WP No. 16480 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 16480 OF 2024 (GM-DRT) BETWEEN: 1. M/S. FASHION FOURM (INDIA) PVT. LTD., ITS DIRECTOR AND AUTHORISED SIGNATORY, HAVING ITS REGISTERED OFFICE NO.1857, B M ROAD, HANUMANTHA NAGAR, CHANNAPATNA, RAMANAGAR DISTRICT - 571 501. INCORPORATED UNDER COMPANIES ACT - 1956. 2. SRI. C.P.YOGEESHWARA, AGED ABOUT 61 YEARS, S/O SRI PUTTAMADEGOWDA, DIRECTOR AT M/S FASHION FORUM (INDIA) PVT LTD., 3. SMT. P V SHEELA, W/O SRI. C.P.YOGEESHWARA, DIRECTOR AT M/S FASHION FORUM (INDIA) LTD., 4. SRI. PUTTAMADEGOWDA, S/O LATE CHIKKEGOWDA, DIRECTOR AT M/S FASHION FORUM (INDIA) PVT LTD., PETITIONER NOS.2, 3 AND 4 R/O AT 143, 17TH MAIN, BANASHANAKRI 2ND STAGE, BENGALURU - 560 070. ALSO AT NO.1857, B.M.ROAD, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18840 WP No. 16480 of 2024 HANUMANTHA NAGAR, CHANNAPATNA, RAMANAGAR DISTRICT - 571 501. ALSO AT NO.120, MEGHA TOWER, 2ND FLOOR, BENGALURU - 560 027. &PETITIONERS (BY SMT.SONU S., ADVOCATE FOR SRI. NAGARAJ SHETTY., ADVOCATE) AND: M/S. THE KARNATAKA STATE CO-OPERATIVE APEX BANK LTD. BRANCH -T, DASARAHALLI, NO.1, UTHUNGA, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU - 560 018. REP. BY ITS AUTHORISED OFFICER/MANAGER &RESPONDENT (BY SRI. SUNIL KUMAR H N., ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH BY ISSUANCE OF WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT THE IMPUGNED NOTICE DATED 06.11.2023, UNDER SECTION 13(2) BEARING NO.AO DEMAND NOTICE /T DASARAHALLI/2497/2023.24 VIDE ANNEXURE-B AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:18840 WP No. 16480 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayers: "i. Quash by issuance of Writ in the nature of certiorari or any other Writ the impugned Notice dated 06/11/2023, under Section 13(2) bearing No.A.O./Demand Notice/T.Dasarahalli/ 2497/2023-24 vide Annexure-B. ii. Quash by issuance of Writ in the nature of certiorari or any other Writ the impugned Possession Notice dated 09/01/2024 under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 r/w. 8(1) of the Security Interest (Enforcement) Rules, 2002, vide Annexure-C issued by the Respondent Bank. Grant such other reliefs as this Hon'ble Court deems fit and proper in the interests of Justice and Equity." 2. The writ petition is of the year 2024. The respondent is M/s.The Karnataka State Co-operative Apex Bank. The petitioners are aggrieved by the notice issued under - 4 - HC-KAR NC: 2026:KHC:18840 WP No. 16480 of 2024 Section 13(2) of the SARFAESI Act and the possession notice dated 09.01.2024 issued under Section 13(4) of the SARFAESI Act. When a notice is issued under Section 13(2) of the SARFAESI Act, the petitioners are required to submit their reply to the respondent Bank and the Bank is bound to respond to the same. Further, if the petitioners are aggrieved by any of the steps that are taken by the Bank, the remedy available to them is to go before the DRT but not before this Court. The petitioners have not made out any grounds seeking exercise of the jurisdiction under Section 226 of the Constitution of India, in view of the availability of an effective alternative remedy. 3. In that view of the matter, this court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioners to avail the alternative and appropriate remedy before the DRT. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. - 5 - HC-KAR NC: 2026:KHC:18840 WP No. 16480 of 2024 iii. In view of the interim order granted earlier in favour of the petitioners, the same shall continue for a period of 4 weeks. iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 19