- 1 - HC-KAR NC: 2026:KHC:674 WP No. 36717 of 2025 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. 36717 OF 2025 (GM-DRT) BETWEEN: SRI. SWAROOP H SHIVAPPA S/O A D SHIVAPPA AGED ABOUT 55 YEARS, NO. 241, ANURGRAHA SOMINAKOPPA ROAD SAHYADRI, SHIMOGA-577201 …PETITIONER (BY SRI. K CHANDRANATH ARIGA., ADVOCATE) AND: 1. ICICI HOME FINANCE REGISTERED OFFICE ICICI BANK TOWERS, BANDRA KURLA COMPLES, MUMBAI-400051 Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:674 WP No. 36717 of 2025 HAVING ITS OFFICE AT No. ICICI BRANCH AT 1ST FLOOR, OFFINE NO. 361/2-361/2-1232 JAYACHANDRA BUILDING PB GOWDA COMPOUND 4TH CROSS, PARK EXTENSION, DURGIGUDI SHIMOGA-577201 REPRESENTED BY AUTHORISED OFFICER 2. A D SHIVAPPA AGED ABOUT 69 YEARS NO. 241, ANURGRAHA SOMINAKOPPA ROAD SAHYADRI, SHIMOGA-577201 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE DEMAND NOTICE DTD. 17.11.2025 BEARING NOTICE ID 1019 ISSUED BY THE R-1 (ANNX-E). DIRECT THE R-1 BANK NOT TO TAKE ANY COERCIVE STEPS OUTSIDE THE PURVIEW OF THE SARFAESI ACT AND RULES. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ***** - 3 - HC-KAR NC: 2026:KHC:674 WP No. 36717 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition challenging the demand notice dated 17.11.2025 issued by respondent No.1 under Section 13(2) of the SARFAESI Act vide Annexure-E. 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. The petitioner obtained a loan to the tune of Rs.20,00,000/- from respondent No.1 Bank to be repaid in 120 monthly instalments. Due to the deteriorating health condition of the petitioner’s father, he could not make the monthly payments on time. The respondent No.1 Bank issued a demand notice dated 17.11.2025 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for brevity) vide Annexure-E. The - 4 - HC-KAR NC: 2026:KHC:674 WP No. 36717 of 2025 petitioner, aggrieved by the notice issued under Section 13(2) of the SARFAESI Act, filed this writ petition. 4. Heard the learned counsel for the petitioner. 5. Learned counsel for the petitioner submits that the petitioner obtained a loan from respondent Bank and was regularly repaying the monthly instalments. Due to the deteriorating health condition of his father, he could not make the monthly payments in time. The respondent Bank has initiated recovery proceedings by issuing the impugned notice vide Annexure-E. He submits that the impugned notice issued by the respondent Bank is arbitrary and erroneous. Hence, on these grounds prays to allow the writ petition. 6. Perused the records and considered the submissions of the learned counsel for the petitioner. 7. It is an undisputed fact that the respondent Bank has issued a notice vide Annexure-E under Section 13(2) - 5 - HC-KAR NC: 2026:KHC:674 WP No. 36717 of 2025 of the SARFAESI Act. It is a show-cause notice. Ordinarily, this Court does not interfere with the show cause notices. Show cause notice under Section 13(2) of the SARFAESI Act really does not affect any right or liability of the action because, by itself, a notice does not affect any right or liability of the borrower. Hence, challenge to the notice under Section 13(2) of the SARFAESI Act is premature, since it is not possible that the secured creditor may be satisfied with the reply of the borrower to the said notice, and may drop the proceedings. Hence, the writ petition challenging the notice under Section 13(2) of the SARFAESI Act is liable to be dismissed. 8. The Hon'ble Apex Court in the case of Mardia Chemicals Limited Vs. Union of India reported in AIR Online 2004 SC 948 and in the case of Digivision Electronics Vs. Indian Bank and another reported in 126 Company cases 631, held that the writ petition challenging the notice under - 6 - HC-KAR NC: 2026:KHC:674 WP No. 36717 of 2025 Section 13(2) of the SARFAESI Act is not maintainable, and the writ petition filed by the borrower is premature. The impugned notice at Annexure-E is a show cause notice. The petitioner without submitting the reply to the show cause notice filed this writ petition. Hence, the writ petition filed by the petitioner is premature in view of the exposition of law laid down by the Hon'ble Apex Court referred supra. I do not find any grounds to entertain the writ petition. 9. Accordingly, I proceed to pass the following order: ORDER i. The writ petition is dismissed. ii. A liberty is reserved to the petitioner to reply to the impugned demand notice at Annexure-E and thereafter the respondent Bank is directed to consider the reply, and - 7 - HC-KAR NC: 2026:KHC:674 WP No. 36717 of 2025 to pass appropriate order in accordance with law. iii. Pending applications, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS