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Sri. Nataraj. K Vs Central Bank of India — Banking and Recovery | Karnataka HC (2026)

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Karnataka HC
2026
Sri. Nataraj. K Vs Central Bank of IndiaSri. Nataraj. K v. Central Bank of India

Dismissed¶43

Sri. Nataraj. K v. Central Bank of India

Karnataka HC3 Jun 2026WP/22534/2022

Case brief

AI extract

What is this about?

SARFAESI writ maintainability: WP No. 22534 of 2022 (GM-DRT), High Court of Karnataka, decided 03.06.2026 by Jyoti M, J. Petitioner Nataraj K. sought certiorari to quash Central Bank of India's Section 13(2) SARFAESI notice dated 04.05.2022 (Annexure-J) and the Section 14 order dated 25.02.2022 of the V Addl. Chief Metropolitan Magistrate, Bengaluru in Crl.Misc.No.5251/2021 (Annexure-G), and mandamus for handover of first floor portion. Held: Section 14 order not amenable to writ jurisdiction (alternate remedy of DRT appeal); Section 13(2) notice not challengeable by writ petition per Apex Court catena. Writ petition dismissed; interim orders discharged; pending IAs disposed. Other parties: K.S. Prasad; M/s. Poornima Infrastructure (I) Private Limited.

What did the court decide?

The order passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as there is an alternate remedy of filing an appeal before the DRT.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the order passed under Section 14 of the SARFAESI Act can be questioned under writ jurisdiction +2 more

Court's answer

The order passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as there is an alternate remedy of filing an appeal before the DRT.

Ratio / Principle

Notice issued under Section 13(2) of the SARFAESI Act cannot be questioned by filing a writ petition; the Court therefore declined to exercise power under writ jurisdiction.

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), Jyoti M, J. — Writ petition under Articles 226 and 227 of the Constitution of India challenging (i) the notice under Section 13(2) of the SARFAESI Act, 2002 dated 04.05.2022 in No.CBI/SARAKK/2022-23 (Annexure-J) and (ii) the order under Section 14 of the SARFAESI Act, 2002 dated 25.02.2022 passed by the V Addl. Chief Metropolitan Magistrate, Bengaluru in Crl.Misc.No.5251/2021 (Annexure-G), and seeking mandamus for handover of the first floor portion — Held: (a) the order under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, the alternate remedy being an appeal before the DRT; (b) notice under Section 13(2) of the SARFAESI Act cannot be questioned by filing a writ petition, as settled by the Apex Court in a catena of decisions — Writ petition dismissed; interim order, if any, stands discharged; pending interlocutory applications disposed of.

A

1 -

NC: 2026:KHC:25971 WP No. 22534 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF JUNE, 2026

BEFORE

THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 22534 OF 2022 (GM-DRT)

BETWEEN:

SRI. NATARAJ K., S/O. LATE KENCHAVEERAPPA, AGED ABOUT 50 YEARS, RESIDING AT FIRST FLOOR, NO.1355, 6TH MAIN ROAD, 11TH CROSS, NAGAPURA, BASAVESHWARA NAGAR, 2ND STAGE, WEST OF CHORD ROAD, MAHALAKSHMI PURAM POST, BENGALURU-560 086. …PETITIONER (BY SRI. GIRISHA T.R., ADVOCATE)

AND:

Digitally signed1. CENTRAL BANK OF INDIA, by GEETHA P G REPRESENTED BY ITS Location: HIGH CHIEF MANAGER/AUTHORIZED OFFICER, COURT OF SARAKKI LAYOUT BRANCH, KARNATAKA NO.1316/C, 9TH CROSS ROAD, SARAKKI INDUSTRIAL LAYOUT, MARENAHALLI 2ND STAGE, J.P.NAGAR, BENGALURU-560 078.

SRI. K.S.PRASAD, S/O. LATE KENCHAVEERAPPA, AGED ABOUT 53 YEARS, R/O. "SPOORTHI NILAYA", NO. 421, 6TH MAIN, NAGAPURA, NEAR NANDINI THEATRE,

2 -

NC: 2026:KHC:25971 WP No. 22534 of 2022

HC-KAR

WEST OF CHORD ROAD, BENGALURU-560 086.

M/S. POORNIMA INFRASTRUCTURE

(I) PRIVATE LIMITED, (REGISTERED UNDER THE COMPANIES ACT) NO.421, 6TH MAIN, 12TH CROSS, WEST OF CHORD ROAD, MAHALAKSHMIPURAM, BENGALURU-560 086, REPRESENTED BY ITS PROPRIETRIX, SMT. POORNIMA, W/O. K.S.PRASAD, AGED ABOUT 47 YEARS.

…RESPONDENTS

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, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Girisha.T.R., counsel for the petitioner appeared in

person.

Though the petition is listed today for preliminary

hearing, it is heard.

The petition is filed seeking following reliefs:

I. Issue a writ of certiorari or any other writ or direction, quashing the notice under Section 13(2) of SARFAESI Act,

3 - NC: 2026:KHC:25971 WP No. 22534 of 2022

HC-KAR

2002 dated:04.05.2022 in No.CBI/SARAKK/2022-23 issued by the Central Bank of India, respondent No.3 vide Annexure-J.

II. Issue a writ of certiorari or any other writ or direction, quashing the order under Section 14 of SARFAESI Act, 2002 passed by the V Addl. Chief Metropolitan Magistrate, at Bengaluru dated:25.02.2022 vide Annexure-G.

III. Issue a writ of mandamus or any other writ or direction, directing the respondent bank to handover first floor portion belonging to the petitioner to meet the ends of justice.

IV. Grant such other order or direction as deems fit to grant in the facts and circumstances of the case.

Counsel for the petitioner urged several

contentions. Heard the arguments and perused the papers with care.

Suffice it to note that the first respondent had filed petition under Section 14 of the SARFAESI Act in Crl.Misc.No.5251/2021 and the Court vide order dated:25.02.2022 had allowed the petition. The order passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as there is an alternate remedy of filing

an appeal before the DRT. The law is settled by the Apex Court in catena of decisions that notice issued under Section 13(2) of

4 -

NC: 2026:KHC:25971 WP No. 22534 of 2022

HC-KAR

the SARFAESI Act cannot be questioned by filing a writ petition. Hence, I decline to exercise power under writ jurisdiction. 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.: 3

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the order passed under Section 14 of the SARFAESI Act can be questioned under writ jurisdiction¶37
The court held
The order passed under Section 14 of the SARFAESI Act cannot be questioned under writ jurisdiction, as there is an alternate remedy of filing an appeal before the DRT.ratio¶37
2.
Whether the notice issued under Section 13(2) of the SARFAESI Act can be questioned by filing a writ petition¶38
The court held
Notice issued under Section 13(2) of the SARFAESI Act cannot be questioned by filing a writ petition; the Court therefore declined to exercise power under writ jurisdiction.ratio¶42
3.
Whether the respondent bank should be directed to hand over the first floor portion belonging to the petitionermedium confidence¶33

Statutes considered

3 provisions across 2 enactments

AI extract

Constitution of IndiaArticles 226 and 227¶20
SARFAESI Act, 2002Section 13(2)¶28 Section 14¶32

Procedural history

How this case reached the court

AI extract

Order under challenge
Order under Section 14 of the SARFAESI Act, 2002 dated 25.02.2022 (Annexure-G) and notice under Section 13(2) of the SARFAESI Act, 2002 dated 04.05.2022 (Annexure-J), both sought to be quashed¶32
V Addl. Chief Metropolitan Magistrate, Bengaluru · 25.02.2022
Prior proceeding
First respondent (Central Bank of India) filed a petition under Section 14 of the SARFAESI Act in Crl.Misc.No.5251/2021, which was allowed by order dated 25.02.2022¶37
Prior proceeding
Notice under Section 13(2) of the SARFAESI Act, 2002 dated 04.05.2022 in No.CBI/SARAKK/2022-23 issued by the Central Bank of India (Annexure-J)¶31

Parties & counsel

AI extract

petitioner
Sri. Nataraj K.¶9
Girisha T.R.
respondent
Central Bank of India¶11
respondent
Sri. K.S. Prasad¶12
respondent
M/s. Poornima Infrastructure (I) Private Limited¶18

Coram

AI extract

Jyoti Mauthor¶7

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 3 Jun 2026 · June
Registered: 15 Nov 2022
Case no.: WP/22534/2022
CNR: KAHC010518352022
Topic: Banking and Recovery
Bench: Jyoti M
Disposal: DISMISSED
Case type: WP

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Cite this judgement

Sri. Nataraj. K v. Central Bank of India, WP/22534/2022 (KA), decided on 3 June 2026.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticles 226 and 227
SARFAESI Act, 2002Section 13(2) · Section 14

View all statutes

Procedural history3

Order under Section 14 of the SARFAESI Act, 2002 dated 25.02.2022 (Annexure-G) and notice under Section 13(2) of the SARFAESI Act, 2002 dated 04.05.2022 (Annexure-J), both sought to be quashedV Addl. Chief Metropolitan Magistrate, Bengaluru · 25.02.2022
First respondent (Central Bank of India) filed a petition under Section 14 of the SARFAESI Act in Crl.Misc.No.5251/2021, which was allowed by order dated 25.02.2022
Notice under Section 13(2) of the SARFAESI Act, 2002 dated 04.05.2022 in No.CBI/SARAKK/2022-23 issued by the Central Bank of India (Annexure-J)

View full history

Bench / Coram

Jyoti M

Parties & counsel