- 1 - HC-KAR NC: 2026:KHC:1239 WP No. 24958 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 24958 OF 2022 (GM-DRT) BETWEEN: 1. MR H REVANNA S/O H BASAVARAJA AGED ABOUT 47 YEARS R/A NO.B-003, B BLOCK GROUND FLOOR UNIQUE CONCORD NEAR TATA NAGAR KODIGEHALLI BANGALORE-560092 …PETITIONER (BY SRI. RAJESHA SHETTIGARA, ADVOCATE) AND: 1. PNB HOUSING FINANCE LTD 3RD AND 4TH FLOOR PRESTIGE EMERALD BUILDING LEVELLE ROAD BANGALORE-560001 REPRESENTED BY ITS AUTHORISED OFFICER 2. MR K M MANJUNATH S/O MAHADEVAPPA MAJOR R/A NO.1, SHIVAKRUPA BEHIND POORNA PRAGNA SCHOOL Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1239 WP No. 24958 of 2022 15TH CROSS, HAVANOOR EXTENSION BANGALORE-560073 3. MRS CHANDRAKALA H N MAJOR R/A NO.1, SHIVAKRUPA BEHIND POORNA PRAGNA SCHOOL 15TH CROSS, HAVANOOR EXTENSION BANGALORE-560073 4. M/S UNIQUE INFRASTRUCTURE AND HOMES PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO.111, JODIDHAR HOUSE BYATARAYANAPURA BANGALORE-560092 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD 20.08.2022 VIDE ANNEXURE-A ISSUED BY R2 BANK ISSUED U/S 13(4) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 AS NULL AND VOID THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:1239 WP No. 24958 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayer: "(1) Issue a writ in the nature of Certiorari or any other appropriate writ or order or direction quashing the notice dated 20/08/2022 vide (ANNEXURE-A) issued by second respondent bank issued under section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest act 2002 as null and void; (ii) In alternative the Hon'ble court may please to issue writ of Mandamus directing the Debt Recovery Tribunal-I, Bangalore to consider and dispose the application for stay, staying the possession notice dated 20/08/2022 filed by the petitioner dated 14/09/2022 in Dairy No. 628/2021 vide (ANNEXURE-N)." 2. Learned counsel appearing for the respondent No.1/Bank submits that when notice under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘SARFAESI Act’) was issued and the petitioner has assailed the same before the Debts Recovery Tribunal in - 4 - HC-KAR NC: 2026:KHC:1239 WP No. 24958 of 2022 Dairy No.628/2021. Initially, the first notice was issued on 06.01.2021. Assailing the same, the petitioner has approached the DRT in Dairy No.628/2021. Thereafter, the present notice is issued dated 20.08.2022. The co-ordinate Bench of this Court had passed an interim order on 15.12.2022 directing the first respondent No.1-Bank not to dispossess the petitioner from the schedule property, till the next date of hearing. 3. Learned counsel appearing for the respondent No.1/Bank submits that they will withdraw the notice dated 20.08.2022 with a liberty to issue fresh notice under Section 13(4) of SARFAESI Act. It is submitted that in view of the subsequent notice dated 20.08.2022, the petitioner cannot pursue the earlier notice in Dairy No. 628/2021. 4. It is also submitted that as they are withdrawing this notice, the Bank cannot dispossess the petitioner, till the issuance of further notice under Section 13(4) of the SARFAESI Act, if the petitioner is aggrieved by that, he can approach the DRT. - 5 - HC-KAR NC: 2026:KHC:1239 WP No. 24958 of 2022 5. Having heard the learned counsels on either side, perused the materials on record. Considering the submission of the learned counsel appearing for respondent No.1/Bank that they are withdrawing the notice dated 20.08.2022, this Court is passing the following ORDER i. The Bank is at liberty to issue a fresh notice under Section 13(4) of SARFAESI Act, in the light of the fact that they are withdrawing Notice dated 20.08.2022. ii. Till the fresh notice is issued, the respondents cannot take any coercive steps. iii. Once the notice under Section 13(4) is issued, the petitioner is at liberty to approach the DRT. iv. In view of the second notice dated 20.08.2022 was issued, the first notice dated 06.01.2021 Dairy No.628/2021 does not survive. - 6 - HC-KAR NC: 2026:KHC:1239 WP No. 24958 of 2022 v. Accordingly, the writ petition is disposed of. vi. All pending I.As., in the petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PSJ List No.: 1 Sl No.: 7 CT-SG