- 1 - HC-KAR NC: 2026:KHC:21347 WP No. 12035 of 2026 C/W WP No. 23964 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12035 OF 2026 (GM-DRT) C/W WRIT PETITION NO. 23964 OF 2023 (GM-DRT) IN WP No. 12035/2026 BETWEEN: MR. SYED MASROOR RAZA S/O.MR.SYED MAHADI HUSSIAN, AGED ABOUT 58 YEARS, RESIDENT OF NO.6/3, GROUND FLOOR, PARAPPA FIELD, NEELASANDRA, AUSTIN TOWN, C STREET GRAPE GARDEN, VIVEKNAGAR, BENGALURU-560 047 …PETITIONER (BY SRI. BALARAJ A.C., ADVOCATE) AND: 1. THE JAMMU AND KASHMIR BANK LIMITED A BANKING COMPANY INCORPORATED UNDER JAMMU AND KASHMIR COMPANIES ACT, NO.XI OF 1977, HAVING ITS BRANCH OFFICE AT OTC ROAD, BENGALURU, NO.70/1, DR.BROWNAMMA TOWERS, OPPOSITE HCG HOSPITAL, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21347 WP No. 12035 of 2026 C/W WP No. 23964 of 2023 MISSION ROAD, BENGALURU-560 027 REPRESENTED BY ITS AUTHORIZED SIGNATORY 2. MRS.NAZARA BANO, W/O.SYED MASROOR RAZA, AGED ABOUT 53 YEARS, RESIDENT OF NO.6/3, GROUND FLOOR, PARAPPA FIELD, NEELASANDRA, AUSTIN TOWN, C STREET GRAPE GARDEN, VIVEKNAGAR, BENGALURU-560 047 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE VACANT BEARING REF.NO.JKB/OTC/ADV/ DATED 3.3.2026 VIDE ANNEXURE-E ISSUED BY THE 1ST RESPONDENT. IN WP NO. 23964/2023 BETWEEN: MR. SYED MASROOR RAZA S/O.MR.SYED MAHADI HUSSIAN, AGED ABOUT 58 YEARS, RESIDENT OF NO.6/3, GROUND FLOOR, PARAPPA FIELD, NEELASANDRA, AUSTIN TOWN, C STREET GRAPE GARDEN, VIVEKNAGAR, BENGALURU-560 047 ...PETITIONER (BY SRI. BALARAJ A.C., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:21347 WP No. 12035 of 2026 C/W WP No. 23964 of 2023 AND: 1. THE JAMMU AND KASHMIR BANK LIMITED A BANKING COMPANY INCORPORATED UNDER JAMMU AND KASHMIR COMPANIES ACT, NO.XI OF 1977, HAVING ITS BRANCH OFFICE AT OTC ROAD, BENGALURU, NO.70/1, DR.BROWNAMMA TOWERS, OPPOSITE HCG HOSPITAL, MISSION ROAD, BENGALURU-560 027 REPRESENTED BY ITS AUTHORIZED SIGNATORY 2. MRS.NAZARA BANO, W/O.SYED MASROOR RAZA, AGED ABOUT 53 YEARS, RESIDENT OF NO.6/3, GROUND FLOOR, PARAPPA FIELD, NEELASANDRA, AUSTIN TOWN, C STREET GRAPE GARDEN, VIVEKNAGAR, BENGALURU-560 047 ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE BEARING REF NO. JKB/OTCBNG/ADV/2023 DATED: 20.10.2023 VIDE ANNEXURE- B ISSUED BY THE R -1. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:21347 WP No. 12035 of 2026 C/W WP No. 23964 of 2023 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The writ petition No.12035/2026 is filed seeking the following prayer. “Wherefore, the petitioner respectfully prays that this Hon’ble Court be pleased to: i) Issue a writ in the nature of certiorari to quash the impugned vacant notice bearing Ref.No.JKB/OTC/ADV/dated 03.03.2026 vide Annexure-E issued by the 1st respondent; ii) Issue a writ in the nature of mandamus directing the respondent for rescheduling the loan facility extended to the petitioner by granting time to regularize the loan account and for repaving the loan thereafter, as per monthly installments agreed upon; iii) Issue such other writ, order or directions as deems fit in the circumstances of the case and allow the above writ petition with costs, in the interest of justice and equity.” The writ petition No.23964/2023 is filed seeking the following prayer. “Wherefore, the petitioner respectfully prays that this Hon’ble Court be pleased to: i) Issue a writ in the nature of certiorari to quash the impugned possession notice bearing Ref.No.JKB/OTCBNG/ADV/ - 5 - HC-KAR NC: 2026:KHC:21347 WP No. 12035 of 2026 C/W WP No. 23964 of 2023 2023 dated 20.10.2023 vide Annexure-B issued respondent No.1; ii) Issue a writ in the nature of mandamus directing the respondent for rescheduling the loan facility extended to the petitioner by granting time to regularize the loan account and for repaying the loan thereafter, as per monthly installments agreed upon; iv) Issue such other writ, order or directions as deems fit in the circumstances of the case and allow the above writ petition with costs, in the interest of justice and equity.” 2. In WP No.23964/2026, the petitioner has questioned the possession notice. The Co-ordinate Bench of this Court on 30.10.2023 has granted an interim order subject to the petitioner depositing 30% of the due amount. Learned counsel to the petitioner submits that he has deposited the said amount and that interim order is extended from time to time and now the respondents have issued another auction notification. Questioning the same, the petitioner is before this Court. Learned counsel submits that he would deposit some more amounts. 3. When the respondent-Bank has initiated the proceedings under the SARFAESI Act and the petitioner has aggrieved by any of the steps that are initiated by the Bank, his - 6 - HC-KAR NC: 2026:KHC:21347 WP No. 12035 of 2026 C/W WP No. 23964 of 2023 remedy is to go before the DRT and writ petition No.23964/2023 is pending before this Court right from the year 2023. 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, both the writ petitions are disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. In view of the interim order granted earlier, the same shall continue for a period of four weeks from the date of receipt of a copy of this order iii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 8