- 1 - HC-KAR NC: 2026:KHC:1617 WP No. 2352 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2352 OF 2022 (GM-RES) BETWEEN: 1. SRI B BASAVARAJU SON OF BHADRAIAH AGED ABOUT 47 YEARS 2. SMT ANNAPURNA B WIFE OF B BASAVARAJU AGED ABOUT 45 YEARS BOTH PETITIONERS ARE RESIDING AT NO.1102 # 4TH MAIN 5TH STAGE B E M L LAYOUT RAJARAJESHWARINAGAR BANGALORE-560 098. …PETITIONERS (BY SRI. JEEVAN KUMAR B S.,ADVOCATE) AND: JANATHA SEVA CO-OPERATIVE BANK LTD., NO.14 RAJATHA BHAVAN 1ST MAIN ROAD, HAKKA ROAD HAMPI NAGAR, 2ND STAGE VIJAYANAGAR BANGALORE-560 104 REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 15.07.2021 VIDE ANNX-C. DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER DATED 17.01.2022 TO THE R-1 VIDE ANNX-E AS EXPEDITIOUSLY AS POSSIBLE WITHIN 3 MONTHS FROM THE Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1617 WP No. 2352 of 2022 RECEIPT OF ORDER COPY PASSED BY THIS HON'BLE COURT IN THIS W.P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petition is filed challenging the Order dated 08.12.2021 passed in Crl.Misc.No.3573/2021 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 on the file of III Additional Chief Metropolitan Magistrate, Bengaluru as well as the possession notice issued under Section 13(12) read with Rule 3 of Security Interest (Enforcement) Rules, as per Annexures-D and C respectively. 2. Learned counsel for the petitioners submits that the account of the petitioner has been regularized. 3. Be that as it is, issue involved is one pertaining to the action initiated by the respondent-Bank against the petitioner and the secured asset in terms of the Provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. - 3 - HC-KAR NC: 2026:KHC:1617 WP No. 2352 of 2022 4. Petitioners being aggrieved are entitled to seek such remedies as may be available under Section 17 of the SARFAESI Act. Reserving liberty to the petitioners to raise such dispute, if so advised by filing an application under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal. Petition is disposed of. 5. The interim order earlier granted is extended for a period of four weeks, enabling the petitioner to seek such remedy within the said period. 6. The time consumed in prosecuting this petition be considered for the purpose of condonation of delay, if any. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 18