Karnataka High Court
WP/23198/2022 of SRI ANAND K S Vs KURUHINASETTY SOUHARDA CREDIT CO OPERATIVE LTD on 5 October 2026
2026:KHC:55016
CNR: KAHC010533342022 NC: 2026:KHC:55016 WP No. 23198 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23198 OF 2022 (GM-DRT) BETWEEN: 1. SRI ANAND .K.S S/O SRINIVAS .M AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 23198 OF 2022 (GM-DRT)
BETWEEN:
1.
SRI ANAND .K.S
S/O SRINIVAS .M
AGED ABOUT 43 YEAWRS
R/AT NO.977, JAYALAKSHMI VILAS ROAD,
CHAMARAJAPURAM, LAKSHMIPURAM
MYSURU 570 004.
…PETITIONER
(BY SRI. B.S. SHRINIVAS, ADVOCATE)
AND:
1.
KURUHINASETTY SOUHARDA CREDIT
CO OPERATIVE LTD
REG. UNDER CO-OPERATIVE SOCIETIES ACT
NO.731, 2ND FLOOR,
SRI GURUKURPA COMPLES
7TH MAIN, 7TH PHASE,
J P NAGAR, RBI COLONY
BENGALURU 560 078
REPRESENTED BY ITS DIRECTOR
C.P KUMAR
…RESPONDENT
(SERVED)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
UNDATED PUBLIC AUCTION NOTICE PRODUCED AT ANNEXURE- A HEREIN WHICH IS TO BE HELD ON 11.04.2022; AND ETC.
Verified
HC-KAR
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THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioner, a default borrower, has questioned a public auction conducted by the respondent – Bank invoking the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI ACT”).
2. The Hon'ble Apex Court has consistently held that the actions contemplated by the Secured Creditor under the provisions of SARFAESI Act are not amenable to writ judicial. However, the sale notice is stayed by this Court vide order dated 06.02.2023.
3. Though petitioner/borrower had the benefit of interim order since 2023, no efforts were made to repay the amount.
Verified
HC-KAR
Page 2 of 3
4. It is now well settled by catena of decisions of the Hon’ble Apex Court, consistently followed by this Court, that measures initiated by a secured creditor under the provisions of the SARFAESI Act are not ordinarily amenable to the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, particularly when a statute provides an efficacious alternative remedy before the jurisdictional Debts Recovery Tribunal. The Hon’ble Apex Court has repeatedly cautioned the High Courts against entertaining writ petitions in matters arising under the SARFAESI Act except in exceptional circumstances. The present case does not disclose any such exceptional ground warranting interference under Article 226 of the Constitution of India.
5. In view of the availability of an efficacious statutory remedy and the settled principles governing the exercise of writ jurisdiction in matters arising under the SARFAESI Act, this writ petition is liable to be dismissed.
Verified
HC-KAR
Accordingly, the writ petition is dismissed.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 12
Verified
Page 3 of 3
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