- 1 - HC-KAR NC: 2026:KHC:671 WP No. 8184 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 8184 OF 2024 (GM-DRT) BETWEEN: SMT. VANITHA. N. W/O LATE SRINIVASA C AGED ABOUT 58 YEARS, PLOT NO. 9, DOOR NO. 402, 4TH FLOOR, 1ST C MAIN, SRK ORCHIDS, JAKKASANDRA EXTENSION, KORAMANGALA, BANGALORE - 560034. …PETITIONER (BY SRI. SHARATH KUMAR SHETTY., ADVOCATE) AND: THE AUTHORIZED OFFICER THE MALLESWARAM CO-OPERATIVE BANK LIMITED, NO. 102, EAST PARK ROAD, 7TH CROSS, MALLESHWARAM, BANGALORE - 560 003. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DEMAND NOTICE REF NO. 1091 DATED 19/12/2023 ISSUED BY THE RESPONDENT AS PER ANNEXURE-A. IN SO FAR AS PETITIONER IS CONCERNED. TO DIRECT THE RESPONDENT TO RECEIVE THE BALANCE AMOUNT AND REGULARIZED THE LOAN AMOUNT, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:671 WP No. 8184 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking the following reliefs: a) To issue a writ in the nature of Certiorari and quash the impugned Notice demand notice Ref.No.1091 dated 19.12.2023 issued by the Respondent as per Annexure "A". In so far as Petitioner is concerned; b) To direct the Respondent to receive the balance amount and regularized the loan account; c) To direct the Respondent bank to provide the insurance policy details which taken by the Petitioner's husband during his life time; d) To direct the Respondent bank to appropriate the loan amount through the Insurance coverage; e) To issue such other writ, direction or order as this Hon'ble Court deem proper in the circumstances of the case, and f) To award to the petitioner, the costs of this petition - 3 - HC-KAR NC: 2026:KHC:671 WP No. 8184 of 2024 2. Brief facts, leading rise to the filing of this writ petition are as follows: 3. The husband of the petitioner, by name Srinivasa C has obtained a loan of ₹1,40,00,000/- from the respondent - Bank, and the petitioner has no knowledge about the loan which was availed by the petitioner's husband. The petitioner received a notice from the respondent Bank. As per the notice, it is learnt that the petitioner's husband has created an equitable mortgage by way of deposit of title deeds of the schedule property with the respondent Bank. It is contended that in the mortgage property of the petitioner's husband, she was receiving a rent of ₹1,78,000/- and tenants deposited the same into the petitioner's husband's account. The respondent Bank, having an ECS/Electronic Clearing Service, the respondent Bank collected the EMIs from the petitioner's husband's account from the date of sanctioning of the loan to till date. The husband of - 4 - HC-KAR NC: 2026:KHC:671 WP No. 8184 of 2024 the petitioner passed away on 21.01.2024 and the petitioner is not in a position to pay the EMI for the last 3 months. The respondent Bank issued a demand notice dated 19.12.2023 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for brevity). The petitioner, aggrieved by the notice issued under Section 13(2) read with Section 13(13) of the SARFAESI Act, filed this writ petition. 4. Heard the learned counsel for the petitioner. 5. Learned counsel for the petitioner submits that the husband of the petitioner obtained a loan, and the tenants who have deposited the rent in the petitioner's husband's account, have been adjusted to the loan account through ECS. The husband of the petitioner passed away, leaving behind the petitioner. The respondent has initiated recovery proceedings by issuing the impugned notice. He - 5 - HC-KAR NC: 2026:KHC:671 WP No. 8184 of 2024 submits that the impugned notice issued by the respondent Bank is arbitrary and erroneous. Hence, on these grounds prays to allow the writ petition. 6. Heard and perused the records, and considered the submissions of the learned counsel for the petitioner. 7. It is an undisputed fact that the respondent Bank has issued a notice under Section 13(2) read with Section 13(13) of the SARFAESI Act. It is a show-cause notice. Ordinarily, this Court does not interfere with the show cause notices. Show cause notice under Section 13(2) of the SARFAESI Act really does not affect any right or liability of the action because, by itself, a notice does not affect any right or liability of the borrower. Hence, challenge to the notice under Section 13(2) of the SARFAESI Act is premature, since it is not possible that the secured creditor may be satisfied with the reply of the borrower in the said notice and may drop the proceedings. Hence, the - 6 - HC-KAR NC: 2026:KHC:671 WP No. 8184 of 2024 writ petition challenging the notice under Section 13(2) of the SARFAESI Act is liable to be dismissed. 8. The Hon'ble Apex Court in the case of MARDIA CHEMICALS LIMITED VS. UNION OF INDIA reported in AIR ONLINE 2004 SC 948 and in DIGIVISION ELECTRONICS VS. INDIAN BANK AND ANOTHER reported in 126 COMPANY CASES 631, held that the writ petition challenging the notice under Section 13(2) of the SARFAESI Act is not maintainable, and the writ petition filed by the borrower is premature. 9. Considering the exposition of the law laid down by the Hon'ble Apex Court referred supra, the writ petition filed by the petitioner is not maintainable. I do not find any grounds to entertain the writ petition. 10. Accordingly, I proceed to pass the following order: ORDER i. The writ petition is dismissed. - 7 - HC-KAR NC: 2026:KHC:671 WP No. 8184 of 2024 ii. The respondent-Bank is directed to consider the reply submitted by the petitioner vide Annexure-B and pass an appropriate order in accordance with law. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV