Karnataka High Court
WP/17578/2022 of MR ABDUL REHAMAN Vs THE AUTHORIZED OFFICER on 22 September 2026
CNR: KAHC010398082022 NC: 2026:KHC:52020 WP No. 17578 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. 17578 OF 2022 (GM-DRT) BETWEEN: 1. MR ABDUL REHAMAN S/O MR HAMEED AGED
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. 17578 OF 2022 (GM-DRT)
BETWEEN:
1.
MR ABDUL REHAMAN
S/O MR HAMEED
AGED ABOUT 56 YEARS
THOUSEEF MANZIL, NAVUNDA
VTC BYNDOOR TALUK-576224.
UDUPI DISTRICT.
2.
MRS SAFIYA ABDUL REHAMAN
W/O MR ABDUL REHAMAN
AGED ABOUT 48 YEARS
H.NO.1-141, BADAKERE, NAVUNDA
BYNDOOR TALUK-576224.
UDUPI DISTRICT.
…PETITIONERS
(BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE)
AND:
1.
THE AUTHORIZED OFFICER
CANARA BANK
KUNDAPURA BRANCH
GIRIJA COAST ROAD
KUNDAPUR TALUK-576201
UDUPI DISTRICT.
…RESPONDENT
(SERVED AND UNREPRESENTED)
Verified
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE
NOTICE DATED 19.08.2022 ISSUED BY THE RESPONDENT
BANK.(ANNEXURE-C) 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
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ORAL ORDER
The petitioners, who are the borrowers and admitted defaulters, have assailed the Sale Notice dated 19.08.2022 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. Though the writ petition was not maintainable in the light of the authoritative judgment rendered by the Hon'ble Apex Court, this Court vide order dated 23.09.2022 granted stay subject to deposit of Rs.7,00,000/- under three installments.
Verified
HC-KAR
3. The learned counsel appearing for the petitioners fairly concedes that interim order dated 23.09.2022 is not complied and he has no instructions.
4. Despite the authoritative judgment rendered by the Hon'ble Apex Court in United Bank of India v. Satyavati Tandon and others reported in (2010)8 SCC 110, the auction proceedings initiated by the Secured Creditor under the provisions of the SARFAESI Act are now challenged under the writ jurisdiction. 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.
Therefore, the writ petition is devoid of merits and accordingly, stands dismissed.
(SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 13
Verified