- 1 - HC-KAR NC: 2026:KHC:3164 WP No. 17910 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 17910 OF 2025 (GM-DRT) BETWEEN: MR. SYED ABRAR S/O SYED ANWAR AHHAMAD, AGED ABOUT 35 YEARS, NO.5456/2, 2ND CROSS, TYAGARAJA COLONY, NANJANAGUDU, MYSORE-571301 …PETITIONER (BY SRI. ANIL KUMAR D., ADV.) AND: M/S AU SMALL FINANCE BANK LTD., NO.50, NO.103, GROUND FLOOR, MYTRI ARCADE, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3164 WP No. 17910 of 2025 KANTHARAJA URS ROAD, SARASWATHIPURAM, MYSORE-570009 REP. BY THE AUTHORISED OFFICER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT IN THE NATURE OF MANDAMUS AND ISSUE DIRECTIONS TO RESPONDENT BANK TO CONSIDER THE REPRESENTATIONS DATED 23.10.2024 RESPECTIVELY UNDER ANNEXURE-B, B) SET ASIDE THE POSSESSION NOTICE DATED 19.09.2024 ISSUED BY RESPONDENT UNDER ANNEXURE-A, C) ISSUE NECESSARY DIRECTIONS TO THE RESPONDENTS, PENDING CONSIDERATION OF THE REPRESENTATION DATED 23.10.2024 SUBMITTED BY THE PETITIONER UNDER ANNEXURE-B, NOT TO PROCEED WITH ANY KIND OF RECOVERY ACTION AGAINST THE SCHEDULE PROPERTY INCLUDING DISTURBING PHYSICAL POSSESSION AND ANY RECOVERY ACTION THE SCHEDULE PROPERTY, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: *** - 3 - HC-KAR NC: 2026:KHC:3164 WP No. 17910 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition challenging the possession notice dated 19.09.2024 issued by the respondent vide Annexure-A. The petitioner filed this writ petition on 10.06.2025. There is a delay of 9 months in filing the writ petition. The impugned possession notice is an appealable under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’). The petitioner, without exhausting an efficacious remedy, filed this writ petition and the writ petition filed by the petitioner is not maintainable. 2. In view of the exposition 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 of on 12.11.2025, the writ petition is dismissed. - 4 - HC-KAR NC: 2026:KHC:3164 WP No. 17910 of 2025 3. A liberty is reserved to the petitioner to challenge the impugned notice if so desired. 4. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB