Karnataka High Court
WP/9506/2022 of SRI.ADAM SAHEB Vs STATE OF KARNATAKA on 22 September 2026
CNR: KAHC010210892022 NC: 2026:KHC:52018 WP No. 9506 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 9506 OF 2022 (GM-DRT) BETWEEN: 1. SRI.ADAM SAHEB S/O ABDULLAH AGED ABOUT
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 9506 OF 2022 (GM-DRT)
BETWEEN:
1.
SRI.ADAM SAHEB
S/O ABDULLAH
AGED ABOUT 70 YEARS
R/AT NO.1/74C, GOPADI VILLAGE
KUNDAPUR TALUK, UDUPI DISTRICT-576 201.
…PETITIONER
(BY SRI. VAIDYA RAVI LAXMINARAYANA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
R/BY DEPUTY COMMISSIONER
UDUPI DISTRICT, UDUPI-576101.
2.
STATE BANK OF INDIA
MUNICIPAL COMPLEX BRANCH
MUNICIPAL ROAD, KUNDAPURA
UDUPI DISTRICT-576201.
REP. BY ITS AUTHORIZED SIGNATORY.
…RESPONDENTS
(BY SRI. V. MANJUNATH RAYAPPA, AGA FOR R1; SRI. B.N. TULSI KUMAR, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER AT ANNX-D PASSED BY THE R-1 DATED
12.04.2021 IN CASE NO.SECS/CR/52/2019.
Verified
HC-KAR
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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ORAL ORDER
The petitioner, who is the borrower and admitted defaulter, has challenged the order dated 12.04.2021 passed by respondent No.1 as per Annexure-D under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’).
2. Learned counsel appearing for the petitioner fairly concedes that the impugned order passed by respondent No.1 is under Section 14 of the ‘SARFAESI Act’ and no interim order was granted by this Court while issuing notice to the respondents.
3. Be that as it may in the light of pronouncement by the Hon'ble Apex Court in United Bank of India v. Satyavati Tandon and others reported in (2010)8 SCC
Verified
HC-KAR
110, this Court is of the view that action contemplated by respondents/Secured Creditor under the provisions of ‘the SARFAESI Act’ is not amenable to the writ jurisdiction.
Therefore, the writ petition is devoid of merits and accordingly, stands dismissed.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 9
Verified