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. 24958 OF 2022 (GM-DRT)

BETWEEN:

1. MR H REVANNA S/O H BASAVARAJA

AGED ABOUT 47 YEARS R/A NO.B-003, B BLOCK

GROUND FLOOR

UNIQUE CONCORD NEAR TATA NAGAR

KODIGEHALLI

BANGALORE-560092

…PETITIONER

(BY SRI. RAJESHA SHETTIGARA, ADVOCATE)

AND:

Digitally signed

by MEGHA 1. PNB HOUSING FINANCE LTD

MOHAN

Location: HI GH 3RD AND 4TH FLOOR

COURT OF

KARNATAKA PRESTIGE EMERALD BUILDING

LEVELLE ROAD

BANGALORE-560001

REPRESENTED BY ITS AUTHORISED OFFICER

2. MR K M MANJUNATH

S/O MAHADEVAPPA

MAJOR

R/A NO.1, SHIVAKRUPA

BEHIND POORNA PRAGNA SCHOOL

15TH CROSS, HAVANOOR EXTENSION BANGALORE-560073

3. MRS CHANDRAKALA H N MAJOR R/A NO.1, SHIVAKRUPA BEHIND POORNA PRAGNA SCHOOL

15TH CROSS, HAVANOOR EXTENSION BANGALORE-560073

4. M/S UNIQUE INFRASTRUCTURE AND HOMES PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS OFFICE AT NO.111, JODIDHAR HOUSE BYATARAYANAPURA BANGALORE-560092 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD 20.08.2022 VIDE ANNEXURE-A ISSUED BY R2 BANK ISSUED U/S 13(4) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 AS NULL AND VOID THIS PETITION, COMING ON FOR ORDERS, 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:

"(1) Issue a writ in the nature of Certiorari or any other appropriate writ or order or direction quashing the notice dated 20/08/2022 vide (ANNEXURE-A) issued by second respondent bank issued under section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest act 2002 as null and void;

(ii) In alternative the Hon'ble court may please to issue writ of Mandamus directing the Debt Recovery Tribunal-I, Bangalore to consider and dispose the application for stay, staying the possession notice dated 20/08/2022 filed by the petitioner dated 14/09/2022 in Dairy No. 628/2021 vide (ANNEXURE-N)."

2. Learned counsel appearing for the respondent No.1/Bank submits that when notice under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘SARFAESI Act’) was issued and the petitioner has assailed the same before the Debts Recovery Tribunal in Dairy No.628/2021. Initially, the first notice was issued on 06.01.2021. Assailing the same, the petitioner has approached the DRT in Dairy No.628/2021. Thereafter, the present notice is issued dated 20.08.2022. The co-ordinate Bench of this Court had passed an interim order on 15.12.2022 directing the first respondent No.1-Bank not to dispossess the petitioner from the schedule property, till the next date of hearing.

3. Learned counsel appearing for the respondent No.1/Bank submits that they will withdraw the notice dated 20.08.2022 with a liberty to issue fresh notice under Section 13(4) of SARFAESI Act. It is submitted that in view of the subsequent notice dated 20.08.2022, the petitioner cannot pursue the earlier notice in Dairy No. 628/2021.

4. It is also submitted that as they are withdrawing this notice, the Bank cannot dispossess the petitioner, till the issuance of further notice under Section 13(4) of the SARFAESI Act, if the petitioner is aggrieved by that, he can approach the DRT.

5. Having heard the learned counsels on either side, perused the materials on record. Considering the submission of the learned counsel appearing for respondent No.1/Bank that they are withdrawing the notice dated 20.08.2022, this Court is passing the following

ORDER

i. The Bank is at liberty to issue a fresh notice under Section 13(4) of SARFAESI Act, in the light of the fact that they are withdrawing Notice dated 20.08.2022