Borrower sought writ quashing a SARFAESI demand notice and possession notice and time to repay. The court held such notices cannot be challenged under writ jurisdiction as the Tribunal exists to adjudicate, and dismissed the petition.
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NC: 2026:KHC:27762 WP No. 27190 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 27190 OF 2024 (GM-DRT)
BETWEEN:
MUTHANNA M.C., S/O. M.D.CHEEYANNA, AGED 59 YEARS, KOKERI VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT- 571212.
…PETITIONER (BY SRI. RAVINDRANATH KAMATH, SR. ADVOCATE FOR SRI. DIVYATEJ H.N., ADVOCATE)
AND:
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
CANARA BANK REPRESENTED BY ITS AUTHORIZED OFFICER, MADIKERI REGIONAL OFFICE, NO.383/2C, KAMATH BUILDING, COLLEGE ROAD, NEAR CONVENT JUNCTION, MADIKERI- 571201.
…RESPONDENT
(BY SRI. T.P.MUTHANNA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER:
HC-KAR
ORAL ORDER
Sri.Ravindranath Kamat, Senior counsel for Sri.Divyatej H.N., for the petitioner and Sri.T.P.Muttanna, counsel for the respondent appeared in person.
HC-KAR
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
SS List No.: 1 Sl No.: 34
1 issue framed by the court
Whether demand and possession notices under SARFAESI can be challenged through a writ petition instead of before the Tribunal.
3 provisions across 2 enactments
Muthanna M.C.
Canara Bank represented by its Authorized Officer, Madikeri Regional Office
Jyoti M
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
