- 1 - HC-KAR NC: 2026:KHC:20767 WP No. 12072 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12072 OF 2026 (GM-DRT) BETWEEN: MRS. GAYATHRI, AGED ABOUT 60 YEARS, W/O LATE N.GANGADHAR, NO.30, 11TH MAIN ROAD, DR.VK GOKAK ROAD, HANUMANTHA NAGAR, BENGALURU-560 019. …PETITIONER (BY SMT. JYOTHI S KEMPAGOUDAR., ADVOCATE FOR SRI. G S PRASANNA KUMAR.,ADVOCATE) AND: 1. THE ADMINISTRATOR SRI GURU RAGHAVENDRA SAHAKARA BANK NO.15, SC ROAD, NETKALLAPPA CIRCLE BASAVANAGUDI, BENGALURU-560 004. 2. THE DEPUTY MANAGER SRI GURU RAGHAVENDRA BANK NIYAMITHA NO.15, SUBBARAMA CHETTY ROAD, NETTAKALAPPA CIRCLE, BASAVANGUDI, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20767 WP No. 12072 of 2026 BENGALURU-560 004. …RESPONDENTS (BY SRI.VIJAY S.,ADVOCATE FOR C/R2(CP NO.3898/26)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED SALE NOTICE DTD. 12.03.2026 BEARING NO. SGR/AZ/L-2766/189/2025-26 UNDER RULE 8(6) OF THE SARFAESI RULES ISSUED BY THE RESPONDENT BANK AT ANNX-A. IN SO FAR AS PETITIONER CONCERNED AND DIRECT THE RESPONDENT BANK TO CONSIDER THE REPRESENTATION OF PETITIONER DATED 10.04.2026 SEEKING FOR OTS, BY THE PETITIONER TO RESPONDENT BANK AT ANNX-E. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI 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. Issue a writ of certiorari quashing the impugned Sale notice dated 12.03.2026 bearing No.SGR/AZ/L-2766/189/2025-26 under Rule 8(6) of the SARFAESI Rules issued by the - 3 - HC-KAR NC: 2026:KHC:20767 WP No. 12072 of 2026 respondent Bank at Annexure-A in so far petitioner concerned. b. Issue writ of mandamus directing the respondent Bank to consider the representation of the petitioner dated 10.04.2026 seeking for OTS, by the petitioner to respondent Bank at Annexure-E. C. Pass such other relief/s as this Hon’ble Court deems fit & proper in the interest of justice and equity." 2. In the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against Sri Guru Raghavendra Sahakara Bank Niyamitha, which is a private Bank. 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. - 4 - HC-KAR NC: 2026:KHC:20767 WP No. 12072 of 2026 ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 35