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NC: 2026:KHC-D:5070 WP No. 109384 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 06^TH DAY OF APRIL, 2026

BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

WRIT PETITION NO. 109384 OF 2025 (GM-DRT)

BETWEEN:

1. PUSHPA W/O IRANNA ALUR AGE 30 YEARS, OCC HOUSEHOLD WORK R/O #42, KHDC, NEKAR NAGAR COLONY

GADAG, BETAGERI, GADAG 582102

2. ERANNA S/O NARAYANAPPA ALUR AGE 38 YEARS, OCC COOLIE R/O #42, KHDC, NEKAR NAGAR COLONY

GADAG, BETAGERI, GADAG 582102

…PETITIONERS (BY SRI. A C CHAKALABBI, ADV)

AND:

1. EQUITAS SMALL FINANCE BANK LIMITED PREVIOUSLY KNOWN AS EQUITAS FINANCE LILMITED

A BANKING COMPANY VIJAYALAKSHMI INCORPORATED UNDER THE COMPANIES M KANKUPPI ACT, 1956 AND HAVING ITS BRANCH

OFFICE AT ERAMMA COMPLEX Digitally signed by 1^ST LOOR, NEAR UNAKAL LAKE, VIJAYALAKSHMI M KANKUPPI OPP TO SIDDAPPAJJA TEMPLE

Date: 2026.04.08 HUBBALLI DHARWAD ROAD, UNAKAL, 16:05:55 +0530 HUBBALLI, DHARWAD DISTRICT,

KARNATAKA 580031 REP BY ITS AUTHORIZED OFFICER MR SHIVASHANKARAGOWDA PATIL

S/O PARWATHGOWDA, AGE 39 YEARS.

…RESPONDENT (BY SRI. SACHIN C. ANGADI, ADV FOR SOLE RESPONDENT)

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NC: 2026:KHC-D:5070 WP No. 109384 of 2025

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,

I. ISSUE A WRIT OF CERTIORARI NOTICE DATED 15.11.2025 ISSUED BY THE RESPONDENT BANK FOR E-AUCTION SALE NOTICE FOR THE SALE OF IMMOVABLE ASSETS UNDER SARFASI ACT 2002 R/W RULE 8(6) OF SECURITY INTEREST (ENFORCEMENT) RULE OF THE

PETITIONER PROPERTY VIDE ANNEXURE-A.

II. ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION WHICH DEEMS FIT TO GRANT BY THIS HON’BLE COURT IN THE FACTS

AND CIRCUMSTANCES OF THE CASE.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. The petitioner has filed this writ petition seeking the

following reliefs:

i. Issue a writ of certiorari notice dated 15.11.2025 issued by the respondent bank for e-auction sale notice for the sale of immovable assets under SARFASI Act 2002 r/w Rule 8(6) of Security Interest (Enforcement) Rule of the

petitioner property vide Annexure-a.

ii. Any other appropriate writ or order or direction which deems fit to grant by this Hon’ble Court in the facts and

circumstances of the case.

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NC: 2026:KHC-D:5070 WP No. 109384 of 2025

HC-KAR

2. Brief facts leading rise to filing of this petition are as

follows:

3. The petitioner had availed a loan from the

respondent–Bank to the tune of ₹5,81,000/- in the year 2023. The petitioner failed to repay the loan amount and committed default. Consequently, the respondent–Bank initiated recovery proceedings under the SARFAESI Act by issuing the impugned notice. Aggrieved by the E-auction sale notice issued under the SARFAESI Act read with Rule 8(6) of the Security Interest (Enforcement) Rules, the petitioner has filed the present writ

petition.

4. The writ petition is not maintainable, as the

petitioner has an efficacious remedy under Section 17 of the SARFAESI Act. Without exhausting the said remedy, the petitioner has approached this Court. In view of the law laid down by the Hon’ble Apex Court in RIKHAB CHAND JAIN VS UNION OF INDIA AND OTHERS IN CIVIL APPEAL

NO.6719/2012, the writ petition is liable to be dismissed.

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NC: 2026:KHC-D:5070 WP No. 109384 of 2025

HC-KAR

Sd/-

(ASHOK S. KINAGI)

JUDGE

RHR/- CT: BSB

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