IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 19363 OF 2023 (GM-RES)

BETWEEN:

1. SMT. T SUMITHRA

W/O VEMULA ROSHAIAH

AGED ABOUT 61 YEARS

R/AT 519, EWS 1^ST STAGE 9^TH B CROSS, 11^TH B MAIN

YELAHANKA NEW TOWN BANGALORE - 560 064.

2. SMT. MANASA VEMULA ROSAIAH

D/O VEMULA ROSHAIAH AGED ABOUT 61 YEARS

R/AT 519, EWS 1^ST STAGE 9^TH B CROSS, 11^TH B MAIN

Digitally

signed by YELAHANKA NEW TOWN

SREEDHARAN

BANGALORE BANGALORE - 560 064.

SUSHMA LAKSHMI

Location: High …PETITIONERS

Court of

Karnataka

(BY SRI. RAMU S, ADVOCATE FOR PETITIONER NO.1;

SRI. PRAMOD M N, ADVOCATE FOR

SRI. VARUN PAPIREDDY, ADVOCATE

FOR PETITIONER NO.2)

AND:

1. H D F C BANK LIMITED

HDFC BANK HOUSE

MUNCIPAL NO.3/1, WARD 77 GROUND FLOOR NRUPATHUNGA ROAD, OPP RBI BENGALURU - 560 001.

REP BY ITS AUTHORIZED OFFICER

2. MR. HEMANTH KUMAR MB S/O BOREGOWDA AGED ABOUT 42 YEARS R/AT 116/A BCC LAYOUT

4^TH CROSS, ATTIGUPPE VIJAYANAGARA 2^ND STAGE BANGALORE - 560 040.

…RESPONDENTS (BY SRI. PATIL J M, ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SECTION 13(2) POSSESSION NOTICE DATED 01/10/2021, BEARING NO. 8356490/SARFA-ESI/14092021 /5300-56/2 AND NOTICE TO TAKE POSSESSION DATED 24/08/2023 UNDER SN. 14 ISSUED BY RESPONDENT BANK VIDE ANNEXURE-C AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

1. Heard learned counsels appearing for the respective parties.

2. In this writ petition, the petitioners are assailing the notice dated 01.10.2021 and the notice dated 24.08.2023 issued under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act).

3. Having taken note of the submissions made by the learned counsels appearing for the respective parties, petitioner is having an efficacious remedy before the Debt Recovery Tribunal. In that view of the matter, liberty is reserved to the petitioner to approach the competent Tribunal.

4. Accordingly, the writ petition is disposed of.

5. Interim order granted earlier is extended for another six (06) weeks to enable the petitioner to approach the competent Tribunal. The time spent by the petitioner before this Court be condoned under Section

14 of the Limitation Act.

Sd/-

(E.S.INDIRESH)

JUDGE NM List No.: 1 Sl No.: 3