IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 37114 OF 2025 (GM-DRT)

BETWEEN:

SMT. SINDHUJA S

W/O GURURAJ RAO

AGED ABOUT 26 YEARS

NO.714/10B

RAGHAVENDRA SCHOOL ROAD CHIKKANAHALLI NEW LAYOUT

NITTUVALLI

DAVANAGERE- 577004.

Digitally signed

by MEGHA

MOHAN

Location: HIG H …PETITIONER

COURT OF

KARNATAKA (BY SRI. KAVITHA N., ADVOCATE)

AND:

AUTHUM INVESTMENT AND INFRASTRUCTURE LTD.,

(REGISTERED UNDER NBFC)

REP. BY ITS CHIEF MANAGER/

AUTHORIZED OFFICER

37, 3^RD FLOOR, BHARAMANANDA COURT LALBAGH ROAD BANGALORE- 560 027.

…RESPONDENT (BY SRI.LAKSHMINARAYANA, ADVOCATE FOR C/R)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A). QUASH THE SECTION 14 ORDER PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE IN CRL.MISC NO.330/2025 DATED 03/10/2025 AT DAVANGERE VIDE ANNEXURE-D. (IN SO FAR AS PETITIONER CONCERN) AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following prayer:

“Wherefore, the petitioner most respectfully prays before this Hon’ble Court that in view of the facts and grounds mentioned above, the petitioner prays for the following reliefs:

a. Quash the Section 14 order passed by Principal Senior Civil Judge and Chief Judicial Magistrate in Crl.Misc.No.330/2025 dated 03.10.2025 at Davangere vide “Annexure-D”.

(In so far as petitioner concern).

b. Issue directions to the respondent/bank not to take physical possession without following due process of law.

c. Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of the facts and circumstances of this above case in the interest of justice and equity.”

2. The bank had issued notice under Section 13(2) of the SARFAESI Act on 26.10.2021 and the possession notice on 02.03.2023. Questioning the possession notice dated 02.03.2023, the petitioner had approached the DRT by filing SA.No.147/2023. Questioning the order passed by the Principal Senior Civil Judge and Chief Judicial Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as ‘SARFAESI Act’) he filed SA.No.530/2025. In the said SA, the Tribunal had granted stay on the condition that the petitioner shall pay an amount of Rs.41,51,667/- within two months in two equal installments. The petitioner shall pay the first installment of Rs.20,75,833/- on or before 01.12.2025 and the second installment of Rs.20,75,834/- shall be payable on or before 31.12.2025 into the loan account with the secured respondent/bank. This order was passed on 31.10.2025. Now the writ petition is filed seeking to quash the Section 14 order passed by the Principal Senior Civil Judge and Chief Judicial Magistrate in Crl.Misc.No.330/2025 dated 03.10.2025 and also seeking a direction to the respondent/bank not to take the physical possession without following the due process of law.

3. Learned counsel for the petitioner submits that the petitioner is not in a position to pay the amount as such some reasonable time may be granted to the petitioner.

4. Having heard the learned counsel for the petitioner, perused the material on record. The order that is passed under Section 14 of the SARFAESI Act, by the Principal Senior Civil Judge and Chief Judicial Magistrate is assailed before the Debt Recovery Tribunal by filing SA.No.530/2025. In that, already an interim order is passed where the time is granted till end of December 2025. The petitioner has not questioned the order passed by the Debt Recovery Tribunal, but questioned the Section 14 proceedings itself. Having availed the remedy before the Debt Recovery Tribunal and pending consideration of the same, the writ petition is not maintainable. In that view of the matter, this