Dismissed

Sri.Karthik.M v. the Chief Manager

Karnataka HC23 Feb 2026WP/27301/2025

Case brief

AI extract

What is this about?

Borrower challenged bank's SARFAESI auction notice and Section 13(2)/13(4) proceedings by writ petition. As the auction did not take place, the court held the petitioner must first exhaust the efficacious remedy under Section 17 before the DRT and dismissed the petition, reserving liberty with limitation benefits.

What did the court decide?

Petition dismissed; liberty reserved to challenge the Section 13(2) and 13(4) notices before the DRT within 30 days, with benefit of Section 14 of the Limitation Act.

Sri.Karthik.M Vs the Chief Manager — Banking and Recovery | Karnataka HC (2026)

¶1

¶2

NC: 2026:KHC:11197 WP No. 27301 of 2025

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 27301 OF 2025 (GM-DRT)

¶7

BETWEEN:

¶8

SRI.KARTHIK.M S/O MURUGESAN (URUGESAN) AGED ABOUT 26 YEARS SITE NO.197/A, “CLASSIC ORCHARDS”,

¶9

KOTHANUR VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK

¶10

…PETITIONER

¶11

Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

¶12

(BY SRI. PRAVEEN R., ADV.)

¶13

AND:

¶14

THE CHIEF MANAGER KARNATAKA BANK LTD., RASHTRIYA VIDYALAYA ROAD, BASAVANAGUDI BENGALURU - 560005.

¶15

THE AUTHORIZED OFFICER BANK LTD., ASSET RECOVERY MANAGEMENT BRANCH HAVING ITS BRANCH AT FKCCI BUILDING KEMPEGOWDA ROAD, BANGALORE-560009

¶16

2 - NC: 2026:KHC:11197 WP No. 27301 of 2025

¶17

HC-KAR

¶18

SMT. J GUHAPRIYA W/O B. KANAGAACHALAN AGED ABOUT 46 YEARS BOTH ARE R/A NO.26, 3RD FLOOR, 1ST CROSS, SINDHI COLONY, JC ROAD BANGALORE-560002

¶19

…RESPONDENTS

¶20

(BY SRI. NITHIN CHANDRA M, ADV. FOR C/R)

¶21

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) ISSUE WRIT OF CERTIORARI QUASHING AND THE AUCTION PROCEEDINGS PUBLIC NOTICE DATED 26-08-2025 (AUCTION DATED 16-09-2025) IN INDIAN EXPRESS UNDER SECTION 13(2) OF SARFAESI ACT, AND UNDER SECTION 13(4) OF SARFAESI ACT, ISSUED BY THE RESPONDENT NO.1 AS CONTRARY TO LAW AND UNENFORCEABLE AND VOID, AND ETC.,

¶22

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶23

3 - NC: 2026:KHC:11197 WP No. 27301 of 2025

¶24

HC-KAR

¶25

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

¶26

ORAL ORDER

¶27

The petitioner has filed this writ petition seeking the

¶28

following reliefs:

¶29

1. Issue writ of certiorari quashing and the auction proceedings public notice dated 26.08.2025 (auction dated 16.09.2025) in Indian express under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Act, and under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Act, issued by the respondent No.1 as contrary to Law and unenforceable and void.

¶30

1. Issue writ of certiorari quashing all further proceedings initiated by the respondent No.1 and 2 Bank pursuance to under Section 13(2) of the Act, and notice under Section 13(4) of the Act as being all consequential action initiated pursuance to a notice without authority of Law as being void and not binding on the petitioner.

¶31

1. Pass such other order or orders as this Hon’ble Court deems fit to grant under the facts and

¶32

4 - NC: 2026:KHC:11197 WP No. 27301 of 2025

¶33

HC-KAR

¶34

circumstances of the case, in the interest of justice and equity.

¶35

Learned counsel appearing for the respondent-

¶36

Bank submits that pursuant to the public auction notice, no action was held on the schedule date.

¶37

In view of the submission made by the learned

¶38

counsel for the respondent-Bank, prayer (a) become redundant. Insofar as prayer (b) is concerned, the petitioner is challenging the notices issued under Section 13(2) and 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’).

¶39

The petitioner to assail the notices issued under Sections 13(2) and 13(4) of the SARFAESI Act, has an efficacious remedy under Section 17 of the SARFAESI Act. The petitioner without exhausting equal efficacious remedy, has filed this writ petition.

¶40