Petitioners challenged an e-auction sale notice under Section 13(4) SARFAESI Act by writ petition. The court held such a notice cannot be challenged in writ jurisdiction, noted non-compliance with the interim order, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC:27478 WP No. 12621 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 12621 OF 2025 (GM-DRT)
BETWEEN:
BOTH ARE RESIDING AT MANSOOR HOUSE, THUMBE VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA, KA-574143.
…PETITIONERS
(BY SMT. KAVITHA N., ADVOCATE)
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
AND:
UNION BANK OF INDIA, THUMBE BRANCH, REPRESENTED BY ITS CHIEF MANAGER/ AUTHORIZED OFFICER, GROUND FLOOR, EKM COMPLEX, OPP. FATHER MULLAER HOSPITAL, THUMBE, BANTWAL TALUK, DAKSHINA KANNADA, KA-574143.
…RESPONDENT
(BY SMT. DIVYA PURANDAR, ADVOCATE)
NC: 2026:KHC:27478 WP No. 12621 of 2025
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
The petition is filed seeking following reliefs:
NC: 2026:KHC:27478 WP No. 12621 of 2025
HC-KAR
jurisdiction. The Apex Court has settled the law in a catena of decisions that a possession notice cannot be challenged by filing a writ petition. Moreover, the interim order is also not been complied with by the petitioners. The petition is devoid of merits. Accordingly, the writ petition is dismissed .
Because of dismissal the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.
Sd/(JYOTI M) JUDGE
MRP
List No.: 1 Sl No.: 67
1 issue framed by the court
Whether a writ petition can be entertained to challenge a Section 13(4) possession notice issued under the SARFAESI Act.
2 provisions across 2 enactments
Vijayavani Shetty
Mohandas Shetty
Union Bank of India, Thumbe Branch
JYOTI M
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
