- 1 - HC-KAR NC: 2026:KHC:20 WP No. 20073 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 20073 OF 2022 (GM-RES) BETWEEN: CHUNILAL H PUROHIT AGED ABOUT 47 YEARS S/O SRI HANSRAJ JI PUROHIT R/AT NO. 2, MALASHA MANCHAN, BASAVANNA LANE, MALLIKARJUNA LANE, AVENUE ROAD CROSS, BENGALURU- 560 002 …PETITIONER (BY SRI. KIRAN B S., ADVOCATE) AND: 1. THE AUTHORISED OFFICER M/S VYSYA CO OPERATIVE BANK LTD OFFICE AT DR. SRI SRI SHIAKUAMRA SWAMIJI CIRCLE, B.H. ROAD, TUMAKURU- 572 102 2. M/S VYSYA CO OPERATIE BANK LTD REP.BY ITS CHIEF EXECUTIVE OFFICER OFFICE AT DR. SRI. SRI SHIVAKUMARA SWAMIJI CIRCLE, B.H. ROAD, TUMAKURU 572 102 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20 WP No. 20073 of 2022 3. SRI. RAMESH BABU K N (AGED ADULT) S/O LATE K.S. NARAYANASETTY R/AT NO. 82/4, SAI RATHNA 4TH FLOOR, 2ND CROSS, 2ND BLOCK, THYAGARAJANAGAR, BENGALURU 560 061 ALSO NEW NO. 567, 3RD FLOOR, 10TH CROSS, JAYANAGAR, 7TH BLOCK, BENGALURU 56 0078 SMT. K.R. SADHANA (AGED ADULT), W/O SRI RAMESH BABU K.N R/AT NO. 82/4, SAI RATHNA 4TH FLOOR, 2ND CROSS, 2ND BLOCK, THYAGARAJANAGAR, BENGALURU- 560 061 SINCE DECEASED NOT MADE PARTY 4. SMT. K.R. MEGHANA (AGED ABOUT 30 YEARS) D/O SRI RAMESH BABU K.N AND W/O BHARGAV R/AT NO. 38/2-3, FALT NO. 409, A-BLOCK BRINDAVAN GARDEN APT., VASANTHAPURA VILLAGE, KANAKAPURA MAIN ROAD, DODDAKALLASANDRA, - 3 - HC-KAR NC: 2026:KHC:20 WP No. 20073 of 2022 BENGALURU- 560 062 5. SMT. K.R. SAI SINCHANA (AGED ADULT) D/O SRI. RAMESH BABU K.N., R/AT NO. 82/4, SAI RATHNA, 4TH FLOOR, 2ND CROSS, 2ND BLOCK, THYAGARAJANAGAR, BENGALURU- 560 061 …RESPONDENTS (BY SRI. SHIVASHANKARA A., ADVOCATE FOR R1 AND R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE IMPUGNED ORDER DTD 28.02.2022 VIDE ANNX-A IN C.MISC NO.202/2022 OF THE IX ACMM BY HOLDING THAT THE SAME IS UNSUSTAINABLE/NOT BINDING AGAINST THE PETITIONER. DIRECT THAT THE PETITIONERS BE ALLOWD TO KEEP POSSESSION OF THEIR RESPECTIVE PROPERTIES. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 4 - HC-KAR NC: 2026:KHC:20 WP No. 20073 of 2022 ORAL ORDER The petitioner is before this Court seeking the following reliefs: "A) SETTING ASIDE the impugned Order dated 28-02- 2022 (ANNEXURE-A) in C.Misc No.202/2022 of the IX ACMM by holding that the same is unsustainable/not binding against the Petitioner; B) DIRECTING that the Petitioners be allowed to keep possession of their respective properties. C) GRANTING all other reliefs as this Hon'ble Court may deem fit, proper and necessary under the facts and circumstances of the case." 2. The order impugned is one passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short `SARFAESI Act, 2002'). Settled position of law is that any action initiated under Section 14 of SARFAESI Act, 2002 is in furtherance to the provisions contained under Section 13 of SARFAESI Act, 2002. The - 5 - HC-KAR NC: 2026:KHC:20 WP No. 20073 of 2022 aggrieved party, if any, has effective alternative remedy provided under Section 17 of the said Act. 3. The petitioner is at liberty to seek such a remedy as may be available in law. The time consumed in pursuing this matter before this court may be exempted at the time of considering the question of limitation. 4. Accordingly, the petition stands disposed of. Sd/- (M.G.S. KAMAL) JUDGE HR List No.: 1 Sl No.: 12