- 1 - HC-KAR NC: 2026:KHC:486 WP No. 22075 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. 22075 OF 2024 (GM-DRT) BETWEEN: 1. SRI S KUMAR AGED ABOUT 53 YEARS S/O MR SUBRMANYA 2. SMT. INDRANI AGED ABOUT 49 YEARS W/O S KUMAR BOTH ARE RESIDENT OF KSCB 172 OPP: CHANNAPPA SWAMY MATA KUMBARAGUNDI SHIVAMOGGA DISTRICT 577201 …PETITIONERS (BY SRI. RAJENDRA S., ADV.) AND: Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:486 WP No. 22075 of 2024 THE UNION BANK OF INDIA KASARAVALLI COMPLEX CONVENT CIRCLE B H ROAD SHIVAMOGGA SHIVAMOGGA DISTRICT 577201 REPTD BY IS AUTHORIZED OFFICER SANJAY KUMAR …RESPONDENT (BY SRI. SHETTY VIGNESH SHIVARAM., ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 05.04.2024 PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA IN C. MISC NO. 04/2024 PRODUCED AS ANNEXURE-G TO THE WP AND ALSO THE NOTICE DTD 11.07.2024 ISSUED BY THE RESPONDENT BANK PRODUCED VIDE ANNEXURE-H BEARING NO.38940/SMG/2024/08 TO THE WP AND FURTHER PROCEEDING PURSUANT TO THERETO AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:486 WP No. 22075 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners have filed this writ petition seeking the following reliefs: a) Issue a writ in the nature of certiorari and quash the order dated 05.04.2024 passed by the learned Prl. Senior Civil Judge and CJM, Shivamogga in C.Misc.No.04/2024 produced as Annexure-G to the writ petition and also the notice dated 11.07.2024 issued by the respondent Bank produced vide Annexure-H (Bearing No.38940/SMG/2024/08) to the writ petition, and further proceeding pursuant to thereto; b) Issue any other appropriate writ or order or direction as this Hon’ble Court deems it appropriate in the admitted facts and circumstances of the case in the interest of justice; c) Pass such other suitable orders as this Hon’ble Court deems fit appropriate in the attendant circumstances and facts of the case; - 4 - HC-KAR NC: 2026:KHC:486 WP No. 22075 of 2024 d) Award the cost of this proceeding. 2. The respondent has filed an application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( for short ‘the Act of 2002’). The said order is appealable under Section 18 of the Act of 2002. The appeal lies before the Appellate Tribunal as per Section 18(1) of the Act of 2002. The petitioners without an exhausting efficacious remedy, have filed this writ petition. 3. The writ petition filed by the petitioners is not maintainable in view of the proposition of law laid down by the Hon'ble Apex Court in case of RICKAB CHAND JAIN VS. UNION OF INDIA AND OTHERS in CA.NO.6719/2012 disposed off on 12.11.2025, and also in the case of PHOENIX ARC PRIVATE LIMITED VS VISHWA BHARATI VIDYA MANDIR in CA.NO.257-259/2022 dated 12.01.2022. Accordingly, I do not find any grounds to entertain the writ petition. - 5 - HC-KAR NC: 2026:KHC:486 WP No. 22075 of 2024 4. Accordingly, the writ petition is dismissed. 5. The liberty is reserved to the petitioners to challenge the impugned order before the Appellate Tribunal, if so desired. 6. The registry is directed to return a certified copy of Annexure-G. 7. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB