Karnataka High Court
WP/7351/2020 of H RAVIPRAKASH REDDY Vs STATE BANK OF INDIA on 5 October 2026
2026:KHC:55025
CNR: KAHC010164212020 NC: 2026:KHC:55025 WP No. 7351 of 2020 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.7351 OF 2020 (GM-DRT) BETWEEN: 1. H RAVIPRAKASH REDDY AGED 49 YEARS S/O LATE
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.7351 OF 2020 (GM-DRT)
BETWEEN:
1.
H RAVIPRAKASH REDDY
AGED 49 YEARS
S/O LATE RAJAGOPAL REDDY
R/A DOOR NO.2, SITARAM NIVAS
K C ROAD, BELLARY-583101.
…PETITIONER
(BY SRI. V MOHAN, ADVOCATE)
AND:
1.
STATE BANK OF INDIA
AUTHORISED OFFICER
REGIONAL BUSINESS OFFICE
REGION IV, SBI BUILDING
STATION ROAD, BALLARI-583101.
2.
K NARENDRA REDDY
AGED 45 YEARS
S/O K RAVICHANDRA REDDY
1-750, RUDRAM PETA
ANANTHAPUR, ANDHRA PRADESH-515001.
…RESPONDENTS
(BY SRI. B.N. TULSI KUMAR, ADVOCATE FOR R1)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
Verified
HC-KAR
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IMPUGNED POSSESSION NOTICE DATED 03.12.2019 ISSUED
BY THE R-1 BANK IN RESPECT OF THE SCHEDULE PROPERTY
AND ETC.
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, who is a default borrower, is assailing the Possession Notice dated 03.12.2019 issued 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. No interim order is granted by this Court.
3. 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 the writ jurisdiction.
Verified
HC-KAR
4. In view of the availability of an efficacious statutory remedy under the provisions of SARFAESI Act and the settled principles governing the exercise of writ jurisdiction in matters arising under the SARFAESI Act, the writ petition is devoid of merits and is liable to be dismissed.
Accordingly, this writ petition is dismissed.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 3
Verified
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