Karnataka High Court

WP/8727/2025 of SMT. S. JYOTHI Vs CANARA BANK on 18 September 2026

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CNR: KAHC010196282025 NC: 2026:KHC:51164 WP No. 8727 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 8727 OF 2025 (GM-DRT) BETWEEN: SMT. S. JYOTHI W/O H.V GANGADHARA, AGED ABOUT 38

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT PETITION NO. 8727 OF 2025 (GM-DRT)

BETWEEN:

SMT. S. JYOTHI

W/O H.V GANGADHARA,

AGED ABOUT 38 YEARS,

R/AT HOSAHUDYA VILLAGE,

KESHAVARA POST,

CHIKKABALLAPUR

TALUK AND DIST,

PIN - 562 101.

…PETITIONER

(BY SRI. SOMASHEKAR N.,ADVOCATE)

AND:

CANARA BANK

AUTHORIZED OFFICER,

SR MANAGER,

CHKKABALLAPURA MAIN BRANCH,

PIN 562 101.

ALSO REGIONAL OFFICE

AT WARD NO.24,

KEELUKOTE EXTENSION,

ANTHARAGANGE MAIN ROAD,

KOLAR TOWN, PIN - 563 101.

…RESPONDENT

(BY SRI. VIGNESH SHETTY, ADVOCATE)

HC-KAR

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

POSSESSION NOTICE ISSUED UNDER SECTION 13(2) OF THE

SARFAESI ACT BY THE RESPONDENT DTD. 15.03.2025 VIDE

ANNX-A.GRANT AN INTERIM ORDER TO STAY OF THE

POSSESSION NOTICE DTD. 15.03.2025 ISSUED BY THE

RESPONDENT UNDER RULE S(6) OF THE SECURITY INTEREST

(ENFORCEMENT) RULES 2002 FRAMED UNDER THE SARFAESI

ACT VIDE ANNX-A.]

THIS

PETITION,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

The present writ petition is filed seeking the following reliesfs:- "a. Issue a writ in the nature of certiorari or any other appropriate writ to quash the Possession notice issued under section 13(2) of the SARFAESI Act by the respondent dated 15.03.2025 vide Annexure-A.

b. Issue any other order or direction as this Hon'ble court deem fit under the facts and circumstances of the case in the interest of justice and equity."

2. It is forthcoming that the communication that is impugned in the present petition is a notice dated 15.3.2025 (Annexure-A to the writ petition) issued consequent to the Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

HC-KAR

proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021.

3. In view of the fact that the petitioner has an alternative efficacious remedy under the said Act, the present writ petition is disposed of.

4. This order will not preclude petitioner from availing remedies in accordance with law.

(C.M. POONACHA) JUDGE

AKV List No.: 1 Sl No.: 1

1 Hereinafter referred to as ‘SARFAESI Act’ Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA

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