- 1 - HC-KAR NC: 2026:KHC:401 WP No. 27465 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. 27465 OF 2024 (GM-DRT) BETWEEN: 1. M/S MDM CHICKEN CENTRE, PROP. MAHADEVU M D., S/O DYAPPA (BORROWER) AGED ABOUT 63 YEARS, R/AT MALAVALLI MYSORE MAIN ROAD, MALAVALLI TOWN, MANDYA DISTRICT – 571430 2. SIDDAPPA M M S/O M D MAHADEVU, AGED ABOUT 36 YEARS, 3. ROHINI M M D/O M D MAHADEVU, AGED ABOUT 34 YEARS (GUARANTOR) 4. GIRIJAMMA W/O M D MAHADEVU, AGED ABOUT 50 YEARS (GUARANTOR) 5. BHARGAVI D/O M D MAHADEVU, AGED ABOUT 33 YEARS (GUARANTOR) Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:401 WP No. 27465 of 2024 6. RAGHAVENDRA M M S/O M D MAHADEVU, AGED ABOUT 26 YEARS (GUARANTOR) ALL ARE R/AT KAJJI RAMAIAHNA KERI, G.M.STREET, MALAVALLI TOWN, MANDYA DISTRICT - 571430 …PETITIONERS (BY SRI. RAJU S., ADVOCATE) AND: M/S BANK OF BARODA MALAVALLI BRANCH, MALAVALLI TOWN, MANDYA DISTRICT - 571430 REP/BY ITS AUTHORIZED OFFICER AND CHIEF MANAGER MR. SUHASA ....RESPONDENT (BY SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SECTION 14 ORDER DTD. 03.08.2024 IN CRL. MISC.NO. 177/2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND C.J.M AT MANDYA VACTING NOTICE DTD. 03.10.2024 VIDE ANNX-A AND B RESPECTIVELY ISSUED BY THE RESPONDENT BANK STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT 2002. ISSUE WRIT OF MANDAMUS TO THE RESPONDENT BANK NOT TO TAKE ANY FURTHER ACTION AGAINST THE SCHEDULE PROPERTY AND TO ACCEPT THE PETITIONERS PROPOSAL TO SETTLE HIS LOAN ACCOUNT BY WAIVING OFF THE INTEREST COMPONENT OF THE OUTSTANDING LOAN AMOUNT AND BY GRANTING HIM - 3 - HC-KAR NC: 2026:KHC:401 WP No. 27465 of 2024 SOM MORATORIUM TIME TO REPAY TOWARDS THE PRINCIPLE AMOUNT DUE AND RESTORE THE POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this petition challenging the order dated 03.08.2024 passed in Crl.Misc.No.177/2024 by the learned Principal Senior Civil Judge and CJM, Mandya, wherein the respondent-Bank had filed a petition under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short) seeking for an order to take possession of the petition schedule property and also sought a writ of certiorari against vacating notice vide Annexure-B dated 03.10.2024. 2. The learned Principal Senior Civil Judge has passed an impugned order on 03.08.2024 allowing the petition filed by the respondent-Bank and held that the petitioner is entitled to take possession of the petition - 4 - HC-KAR NC: 2026:KHC:401 WP No. 27465 of 2024 schedule property towards the satisfaction of the creditor’s due, and an Advocate was appointed as a Court Commissioner to take possession of the petition schedule property towards the satisfaction of the creditor's due with the assistance of the jurisdictional police and deliver it to the secured creditor. 3. If the petitioners are aggrieved by the impugned order, they have to approach the Debts Recovery Tribunal having jurisdiction. The petitioners, without exhausting an alternative efficacious remedy, have filed this petition. Hence, the writ petition filed by the petitioners is not maintainable. I do not find any grounds to entertain the writ petition. 3. Accordingly, the petition is dismissed. 4. Liberty is reserved to the petitioners to challenge the impugned order before the Debts Recovery Tribunal, if so desired, within 30 days from today. - 5 - HC-KAR NC: 2026:KHC:401 WP No. 27465 of 2024 5. Meanwhile, the respondents are directed not to precipitate the matter till the petitioner files an application before the Debts Recovery Tribunal. 6. It is submitted that pursuant to the interim order passed by this court, the petitioner has deposited 25% of the loan amount. The respondents are directed to adjust the said amount in the loan account. 7. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of accordingly . Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 18