- 1 - HC-KAR NC: 2026:KHC:8919 WP No. 3131 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3131 OF 2026 (GM-DRT) BETWEEN: MR CHAND PEER S/O IBRAHIM SAB AGED ABOUT 44 YEARS R/AT ASTHI NO.13-505-12A KHATA NO.358/2085/B WARD NO.11 SUNAGARAGERI AREA HARAPANAHALLI TALUK VIJAYANAGARA – 583 131 …PETITIONER (BY SRI. NAVEED AHMED., ADVOCATE) AND: KOTAK MAHINDRA BANK LTD THROUGH ITS AUTHORISED OFFICER BRANCH OFFICE AT KOTAK HOUSE NO.22, ING VYSYA HOUSE, M.G.ROAD BANGALORE BENGALURU 560 001 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE POSSESSION NOTICE DATED 20.01.2026 ISSUED BY RESPONDENT NO.1 UNDER RULE 8(1) OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 IN RESPECT OF THE SCHEDULE PROPERTY AT ANNEXURE C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8919 WP No. 3131 of 2026 ORAL ORDER The petitioner, aggrieved by the possession notice dated 20.01.2026 issued by the respondent under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 (‘Rules’ for short), filed this writ petition. 2. Learned counsel for the petitioner submits that, the respondent-Bank has already initiated a proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short) in Crl.Misc.No. 145 of 2024. 3. The said petition was allowed vide order dated 14.10.2024. Pursuant to the order passed under Section 14 of the SARFAESI Act, the respondent-Bank has issued a possession notice. The petitioner, without challenging the order passed under Section 14 of the SARFAESI Act in Crl.Misc.No. 145 of 2024, has filed this writ petition. Hence, the writ petition filed by the petitioner is not maintainable. - 3 - HC-KAR NC: 2026:KHC:8919 WP No. 3131 of 2026 4. Accordingly, the writ petition is dismissed reserving a liberty to the petitioner to challenge the impugned possession notice before the appropriate forum, if so desired. 5. In the meanwhile, the respondent-Bank is directed not to take any coercive action for a period of 30 days from today. 6. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 2 Sl No.: 17