IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

WRIT PETITION NO. 34104 OF 2025 (GM-DRT)

BETWEEN:

1. M/S. SLV SUPER MARKET

POR NO. 36, 4^TH CROSS, KHB COLONY,

GOPALA,

SHIVAMOOGA - 577 205,

REPRESENTED BY ITS PROPRIETOR

SMT. MEGHA S.N.

2. SRI VENKATARAMANA,

S/O. LATE Y.S. SEETHARAMAIAN,

Digitally signed

by MEGHA

MOHAN AGED ABOUT 67 YEARS,

Location: HIG H

COURT OF R/A. MIG 294, 1^ST MAIN,

KARNATAKA

9^TH CROSS, KHB COLONY,

SHIVAMOGGA - 577 201.

3. SRI. ABHISHEK,

S/O.SRI. VENKATARAMANA,

AGED ABOUT 34 YEARS, R/A. MIG 294, 1^ST MAIN,

9^TH CROSS, KHB COLONY,

SHIVAMOGGA - 577 201.

…PETITIONERS (BY SRI. VARUN R.R., ADVOCATE)

AND:

1. STATE BANK OF INDIA, SME BRANCH (64399), SANVI SANKEERNA, GROUND FLOOR, PID NO.5, PARK EXTENSION, TILAK NAGAR, DURGIGUDI, SHIVAMOGGA, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER …RESPONDENT (BY SRI. NANDISH PATIL, ADVOCATE FOR C/R)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MORTGAGED PROPERTY VACATION NOTICE DATED 04.11.2025 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURE-A 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 petitioners prays that this Hon’ble Court may be pleased to:

a) Issue a Writ of Certiorari to quash the Mortgaged Property Vacation Notice dated 04.11.2025 issued by the Respondent-Bank vide "ANNEXURE-A"; and b. Issue such other Writs/Orders/Directions deemed fit in the circumstances of the case, in the interest of justice;”

2. There is no representation on behalf of the petitioners and the learned counsel appearing for the respondent submits that an order has been passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter referred to as ‘SARFAESI Act’) and thereafter, they issued the impugned notice dated 04.11.2025 styled as 'Mortgaged Property Vacation Notice'. It is submitted that the notice is issued by the Bank communicating to the petitioners. If the petitioners are aggrieved by the order passed under Section 14 of SARFAESI Act and the notice under Section 13(4) of SARFAESI Act they have to challenge the same but not the impugned notice dated 04.11.2025. It is submitted that no interim order is passed in this writ petition.

3. Considering the submission of the learned counsel appearing for the respondent, this Court is passing the following:

ORDER

i. Accordingly, the Writ petition is disposed of giving liberty to the petitioners to question the order that is passed under Section 14 of SARFAESI Act and other proceedings initiated by the Bank in accordance with law.

ii. All I.As. in this petition shall stand closed.

SD/-

(LALITHA KANNEGANTI)

JUDGE PSJ List No.: 1 Sl No.: 17