Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:6054 WP No. 11290 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 11290 OF 2024 (GM-DRT) BETWEEN:
1.
MR. S. M. GOPAL S/O MR. MUNIYAPPA AGED ABOUT 64 YEARS M/S KARGO AGRITECH RESIDING AT D No.156/3E HULIMAVU MAIN ROAD BANNERGHATTA ROAD BENGALURU KARNATAKA-560076
2.
MRS. N PARVATHAMMA W/O MR. S M GOPAL AGED ABOUT 40 YEARS HULIMAVU MAIN BANNERGHATTA ROAD BENGALURU KARNATAKA 560076 (BARROWER) (GUARANTOR AND MORTGAGOR)
3.
MR. M HARISH REDDY S/O MR M R MUNI REDDY AGED ABOUT 46 YEARS M/S SRI SRINIVAS TRADERS MUTHAKA PALLI (V AND P) SRINIVAS PURA TALUK KOLAR DISTRICT
Digitally signed by KIRAN KUMAR R Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:6054 WP No. 11290 of 2024
BENGALURU KARNATAKA (GUARANTOR FOR LOAN UNDER AGREEMENT TRPTITF09050020 AND TRPTIF10290001)
4.
MR S SANTOSH S/O MR SRIRAM REDDY D.NO.116, 1ST MAIN ROAD 2ND PHASE, K S R T C LAYOUT J P NAGAR, MARENAHALLI BENGALURU-560078 (GUARANTOR FOR LOAN UNDER AGREEMENT TRPTITF 1205300010 ONLY)
5.
MR S SAMPATH KUMAR S/O MR S SAMAPANNA AGED ABOUT 49 YEARS HARGADOA VILLAGE AND POST ANEKAL TALUK BENGALURU (TRPTITF1212240020, ONLY)
…PETITIONERS (BY SRI. NARAYANA SWAMY M., ADV.) AND:
SHRIRAM FINANCE LIMITED REG. UNDER COMPANIES ACT (FORMERLY KNOWN AS SHRIRAM TRASNPORT FINANCE COMPANY LIMITED) AT No.12, RAMASWAMY STREET REP. BY AUTHORISED OFFICER & VICE PRESIDENT MR. V.C.SESHADRINBATHAN
- 3 -
HC-KAR NC: 2026:KHC:6054 WP No. 11290 of 2024
LEGAL DEPARTMENT AT No.12, RAMASWAMY STREET T.NAGAR, CHENNAI 600017 REGD. OFFICE: SRI TOWERS PLOT No.14A, SOUTH PHASE INDUSTRIAL ESTATE GUINDY, CHENNAI TAMILNADU-600032
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE ENTIRE RECORDS IN PERTAINING TO POSSESSION NOTICE ISSUED UNDER SEC 13(4) OF THE SARFAESI ACT BY THE RESPONDENTS DTD 07.02.2024, DIRECT IN TH FORM OF WRIT QUASH THE POSSESSION NOTICE ISSUED UNDER SEC 8(1) OF THE SARFAESI ACT BY THE RESPONDENTS DTD 07.02.2024, AND POSSESSION OF THE SECURED ASSETS UNDER SEC 13(4) OF THE SARFAESI ACT DTD 07.02.2024 UNDER ANNEXURE-A, AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 4 -
HC-KAR NC: 2026:KHC:6054 WP No. 11290 of 2024
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition challenging the notice dated 07.02.2024 issued under Section 8(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) vide Annexure-A. The said order is appealable. The petitioner has an equal efficacious remedy. The petitioner without exhausting efficacious remedy, has filed this writ petition.
2. In view of proposition of law laid down by the Hon’ble Apex Court in the case of RIKHAB CHAND JAIN VS.
UNION OF INDIA IN C.A.NO.6719 OF 2012 disposed off on 12.11.2025, the writ petition is dismissed maintainable.
3. Accordingly, the writ petition is dismissed.
- 5 -
HC-KAR NC: 2026:KHC:6054 WP No. 11290 of 2024
4. A liberty is reserved to the petitioner to challenge the sale notice, if so advised.
5. Pending applications, if any, stand disposed off accordingly.
Sd/- (ASHOK S.KINAGI) JUDGE
SSB