- 1 - HC-KAR NC: 2026:KHC:6720 WP No. 12736 of 2025 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. 12736 OF 2025 (GM-DRT) BETWEEN: 1. SMT. MALATHI R B W/O SRI MANJUNATHA .B AGED ABOUT 47 YEARS, RESIDING AT H NO 1402, SMG ROAD, VIJAYANAGAR, BANGARPET-563 114, KOLAR DISTRICT. 2. SRI MANJUNATHA.B S/O SRI BASAPPA, AGED ABOUT 58 YEARS, RESIDING AT H NO 1402, SMG ROAD, VIJAYANAGAR, BANGARPET-563 114, KOLAR DISTRICT. …PETITIONERS (BY SRI. H. PAVANA CHANDRA SHETTY (NOC), ADVOCATE) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6720 WP No. 12736 of 2025 AND: THE AUTHORIZED OFFICER KARNATAKA BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH, KARNATAKA BANK BUILDING, 1ST FLOOR, WARD NO 29, MARALUR EXTENSION, SADASHIVANAGAR, TUMKURU - 574 154 …RESPONDENT (BY SMT. DIVYA PURANDAR, ADVOCATE FOR C/R IN CP 7421/25) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-D ISSUED BY THE RESPONDENT BANK VIZ, NOTICE TO INTENDS TO TAKE PHYSICAL POSSESSION OF IMMOVABLE PROPERTY UNDER SARFAESI ACT, DATED 16.04.2025 ARM B/RF/11/OR-14/25-26. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ***** - 3 - HC-KAR NC: 2026:KHC:6720 WP No. 12736 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER This Writ Petition is filed by the petitioner challenging the notice dated 16.04.2025 issued by the respondent-Bank vide Annexure-D intending to take the physical possession of immovable property under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short). 2. Brief facts, leading rise to the filing of this petition are as follows: 2.1. The petitioners availed a housing loan of Rs.12,15,000/- for constructing a residential house from respondent-Bank. Further, the petitioners requested the bank for one time settlement vide communication dated 09.08.2021, 31.01.2024 and 02.08.2024. However, the respondent-Bank did not agree for one time settlement. The respondent-Bank issued a notice dated 16.04.2025 intending to take the physical possession of the immovable property - 4 - HC-KAR NC: 2026:KHC:6720 WP No. 12736 of 2025 pursuant to the order passed by the Principal Senior civil Judge and CJM, Kolar in Crl. Misc. No. 30/2025 dated 22.03.2025. The petitioner aggrieved by the same, filed this writ petition. 3. Heard the learned counsel for the petitioners and the respondent. 4. Learned counsel for the petitioners submits that, the petitioners approached the respondent-Bank for one time settlement; however, the respondent-Bank did not give an opportunity for one time settlement. He submits that the impugned notice is issued without issuing any demand notice and complying the principles of natural justice. Hence, on these grounds, prays to allow the petition. 6. Per contra, learned counsel for the respondent- 5Bank submits that, already the possession order has been issued by the Trial Court and pursuant to it, the petitioners have preferred an application before the Debt recovery Tribunal and the same is pending. She submits that the bank has already taken the physical possession of the property in - 5 - HC-KAR NC: 2026:KHC:6720 WP No. 12736 of 2025 pursuance of the order. She submits that the DRT has already seized the matter and the present Petition is not maintainable. Hence, on these grounds, prays to dismiss the petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. It is undisputed that the petitioner availed the loan from the respondent-Bank and committed the default in repayment of the same. The respondent-Bank initiated the proceedings under the SARFAESI Act and issued the impugned notice vide Annexure-D. However, it is pertinent to note that the possession order has already been passed by the Magistrate court in Crl. Mis. No. 30/2025 dated 22.03.2025 and subsequent to it, the same has been challenged by the petitioners herein before the Debt Recovery tribunal and the same is pending. Since the impugned notice is issued in furtherance of the possession order passed by the Magistrate in Crl. Misc. No.30/2025 and the application filed by the petitioners challenging the same - 6 - HC-KAR NC: 2026:KHC:6720 WP No. 12736 of 2025 is pending before the DRT, the present writ petition is not maintainable. 8. The petitioners ought to have questioned the impugned notice before the Debt recovery Tribunal since the Tribunal is already seized of the matter. The petitioners without exhausting an equal efficacious remedy, has filed this writ petition. The present petition is not maintainable in view of the exposition of law laid down by the Hon’ble Apex court in the case of RIKHAB CHAND JAIN V. UNION OF INDIA AND OTHERS in C.A. No. 6719/2012 disposed of on 12.11.2025. 9. Accordingly, I proceed to pass the following: ORDER i. The writ petition is dismissed; ii. Pending application(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA (ONLINE) CT:KHV List No.: 1 Sl No.: 33