Karnataka High Court
WA/1972/2026 of MR PRADEEP KUMAR R Vs THE BANGALORE CITY CO-OPERATIVE BANK LTD on 15 September 2026
CNR: KAHC010585112026 NC: 2026:KHC:50006-DB WA No. 1972 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1972 OF 2026 (GM-DRT)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT APPEAL NO. 1972 OF 2026 (GM-DRT)
BETWEEN:
1.
MR. PRADEEP KUMAR R
S/O RAMACHANDRAN T
AGED ABOUT 51 YEARS
REPRESENTING M/S PEP INFRA
HAVING OFFICE AT
NO.116/5-1, OLD NO.116
11TH CROSS ROAD
MALLESHWARAM
BBMP WARD NO.7
BENGALURU - 560 003
…APPELLANT
(BY SRI DESAI RAJENDRA CHANDRASHEKAR, ADVOCATE)
AND:
1.
THE BANGALORE CITY CO-OPERATIVE BANK LTD
REP. BY ITS AUTHORIZED OFFICER
HEAD OFFICE AT NO.3
PAMPA MAHAKAVI ROAD
CHAMARAJPET
BENGALURU - 560 018
ALSO HAVING ITS BRANCH OFFICE AT
MAHALAKSHMIPURA BRANCH
BENGALURU - 560 086
…RESPONDENT
Digitally
signed by
AMBIKA H B
Location:
High Court
of Karnataka
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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE
PRESENT WRIT APPEAL AND SET-ASIDE THE ORDER PASSED BY
THE LEARNED SINGLE JUDGE IN W.P. No. 13729/2026 DATED
13.07.2026 & ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. For the reasons stated in the application ˗ I.A No.1/2026, the same is allowed. The delay of 3 days in filing the appeal is condoned.
2. The appellant has filed the present appeal impugning an order dated 13.07.2026 passed by the learned Single Judge in Writ Petition No.13729/2026 (GM-DRT), whereby the learned Single Judge declined to entertain the said petition.
3. The appellant had filed the said petition, inter alia, praying that directions be issued to the respondent to de-seal and unlock
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the demised premises and restore its possession to the appellant. The respondent had taken over the said premises pursuant to the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests, 2002 [SARFAESI Act).
4. The learned Single Judge observed that law was well settled that a person aggrieved by the measures taken or initiated by the bank under SARFAESI Act is required to avail of statutory remedies and a writ petition in this regard ought not to be entertained. We find no infirmity with the said view.
5. Concededly, the appellant has received the possession notice under Section 13 (4) of the SARFAESI Act. The said notice is an appealable measure. The Hon'ble Supreme Court has in a number of decisions, including United Bank of India vs. Satyawati Tondon and others1 and PHR Invent Educational Society vs. UCO Bank and Others2 held that writ petitions against the orders passed under Section 13(4) of the SARFAESI Act where 1 (2010) 8 SCC 110 2 (2024) 6 SCC 579
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remedies are available before the Debts Recovery Tribunal or the appellate tribunal, are not to be entertained.
6. The appeal is accordingly dismissed.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
AHB List No.: 2 Sl No.: 12