- 1 - HC-KAR NC: 2026:KHC:21697 WP No. 26480 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 26480 OF 2024 (GM-DRT) BETWEEN: INDIRA SUDARSHAN W/O RAGHAVAN SUDARSHAN AGED ABOUT 60 YEARS, R/AT NO.99, 6TH CROSS, DOLLARS LAYOUT, NEAR J D MARA BELIKAHALLI BENGALURU - 560 076 …PETITIONER (BY SRI. ANUSHA NANDISH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, GATE NO.3, 6TH FLOOR, MULTI-STORIED BUILDING, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. KARNATAKA STATE SOUHARDHA FEDERAL SAHAKARI 18TH CROSS ROAD, MALLESHWARAM, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21697 WP No. 26480 of 2024 BENGALURU - 560 055 REP BY THE AUTHORIZED OFFICER REG UNDER THE KARNATAKA SOUHARDA SAHAKARI ACT 1997 3. SURABHI SOUHARDHA CREDIT CO-OPERATIVE LTD, NO.2, SURABHI SAHAKARI SADANA, 2ND FLOOR, 13TH CROSS, ATTIMABBE ROAD, C T BED EXTENSION, BANASHANKARI 2ND STAGE, BENGALURU - 560 070. REG UNDER THE KARNATAKA SOUHARDA SAHAKARI ACT 1997 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 SRI. N. SUKUMAR JAIN, ADVOCATE FOR R3, R2 IS SERVED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD 30.07.2024 ISSUED BY THE R-3 UNDER SEC 13(2) OF THE SARFAESI ACT, 2002 (ANNEXURE-A) AND ETC. 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:21697 WP No. 26480 of 2024 ORAL ORDER The present writ petition is filed seeking the following prayers: "a) To issue a Writ of Certiorari quashing the Notice dated 30.07.2024 issued by the Respondent No. 3 under section 13(2) of the SARFAESI Act, 2002 (Annexure - A); b) To issue any other Writ or pass any other orders/directions that this Hon'ble Court may deem fit in the interest of justice and equity." 2. In this writ petition, the petitioner has questioned the notice issued under Section 13(2) of the SARFAESI Act. When a notice is issued under Section 13(2) of the Act, the petitioner is required to respond to the same and the respondent Bank is required to consider the same in accordance with the provisions of the SARFAESI Act and respond to the same. The petitioner cannot come before the Court questioning the notice issued under Section 13(2) of the SARFAESI Act. - 4 - HC-KAR NC: 2026:KHC:21697 WP No. 26480 of 2024 3. It is submitted on behalf of the petitioner that a reply has already been given. The writ petition is of the year 2024. Considering the fact that the writ petition has been pending since 2024 and by this time, the interest would have accrued on the amount and the outstanding amount may also vary from what it is mentioned in 13(2) notice. 4. Hence, this Court deems it appropriate to set aside the notice issued under Section 13(2) of the Act and giving liberty to the respondent Bank to issue a fresh notice. The petitioner shall respond to the same in accordance with the provisions of the SARFAESI Act. Till such time, the respondent Bank shall not take any coercive steps. 5. Accordingly, this Court is passing the following: ORDER i. The writ petition is allowed by setting aside the impugned notice issued under Section 13(2) of the SARFAESI Act by giving liberty to the respondent Bank to issue a fresh notice in accordance with law. - 5 - HC-KAR NC: 2026:KHC:21697 WP No. 26480 of 2024 ii. The petitioner shall respond to the said notice in accordance with the provisions of the SARFAESI Act. iii. Till the aforesaid exercise is completed, the respondent Bank shall not take any coercive steps. iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 10