- 1 - HC-KAR NC: 2026:KHC:5917 WP No. 30068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 30068 OF 2025 (GM-DRT) BETWEEN: MR. KRISHNAMURTHY PADMANABHAN S/O LATE K.R. KRISHNAMURTHY, AGED ABOUT 56 YEARS, R/AT NO. 24/18, 3RD FLOOR (PENT HOUSE) "MATHRUSHREE NILAYA", NEAR DODDAMMA TEMPLE, GOWDRU COLONY, BEHIND GOVT. HIGHER PRIMARY SCHOOL, HENNUR VILLAGE, KALYANNAGAR POST, BENGALURU - 560 043. …PETITIONER (BY SRI. JAYANTHA POOJARY, ADVOCATE) AND: MAHILA CO OPERATIVE BANK LTD., NO.13 AND 14, SOUTH END ROAD, SHESHADRIPURAM Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5917 WP No. 30068 of 2025 BENGALURU - 560 020, REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SRI. K. RAMA BHAT, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) QUASH THE NOTICE DATED 24/09/2025 ISSUED BY THE RESPONDENT BANK TO PETITIONER COMMUNICATING ABOUT TAKING PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY WITHIN 7 DAYS BELONGS TO PETITIONER VIDE ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:5917 WP No. 30068 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, the petitioner prays that this Hon'ble Court may be pleased to- (A) To issue a writ in the nature of Certiorari or any other appropriate writ or order or direction to quash the notice dated 24/09/2025 issued by the respondent bank to petitioner communicatingquash / set aside the impugned orders passed by the Hon'ble DRT-I, Bengaluru in I.A.No.1968/2024 in S.A.No.449/2024 on 28.02.2025 ANNEXURE-'A'. (B) To condone the delay of 476 days, as pleaded in I.A.No.1968/2024 filed by the petitioner filed before the Hon'ble DRT-I, Bengaluru in SA.No.449/2024 and remind the matter to hear afresh on the merits of the case ANNEXURE - A1'. (C) To set aside/quash the Vacating Notice dated 08.08.2025 Ref.Rec / Nanjundeshwara / 2025-2026 ANNEXURE - 'G', including a consequential relief, as the measures invoked under SARFAESI Act, 2002 itself, is in contrary to the provision of the SARFAESI Act, 2002. (D) Grant such other relief, which this Hon'ble Court deems fit under the facts and circumstance and on question of law, as stated Supra and in the interest of justice. - 4 - HC-KAR NC: 2026:KHC:5917 WP No. 30068 of 2025 2. Learned counsel appearing for the respondent submits that already SA No.50/2023 that is filed by the petitioner is dismissed. Thereafter, they have issued this notice to vacate the premises. It is submitted that without questioning the order that is passed by the Debts Recovery Tribunal-I, at Bengaluru in SA No.50/2023 dated 24.01.2023, the petitioner cannot come before this Court questioning a notice which is consequent to the dismissal of the SA. 3. Learned counsel appearing for the respondent submits that he has filed a Crl.Misc.No.50325/2022 before the XI Addl. Chief Metropolitan Magistrate at Bangalore. If the petitioner has filed a miscellaneous petition before the CMM Court, the petitioner has to pursue the said remedy and he cannot come before the Court questioning the notice that is issued by the bank. 4. Having heard the learned counsels on either side, perused the material on record. In the light of the above submissions, this Court do not find any reasons to interfere when there is an alternative remedy. - 5 - HC-KAR NC: 2026:KHC:5917 WP No. 30068 of 2025 5. Accordingly, this Court is passing the following: ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedies. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PSJ List No.: 1 Sl No.: 15