IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9618 OF 2026 (GM-DRT)

BETWEEN:

1. M/S. SHRINE ENTERPRISES PROP SRI. NARASIMHAMURTHY S.E.

NO.506, 17^TH CROSS, 36^TH MAIN, J.P.NAGAR, 6^TH PHASE, BENGALURU - 560 078.

2. SRI. NARASIMHAMURTHY S.E.

S/O. M. ESHWAR RAO, AGED ABOUT 54 YEARS, NO. 16, 2^ND FLOOR, 17^TH CROSS, 22^ND MAIN, 5^TH PHASE, J.P. NAGAR,.

SHAMANNA GARDEN, AYODYA NAGAR, BENGALURU - 560 078.

…PETITIONERS Digitally signed by SUVARNA T (BY SRI. SARAVANAN G., ADVOCATE)

Location: HIGH COURT OF AND:

KARNATAKA

1. THE AUTHORISED OFFICER SREE SUBRAMANYESWAR CO-OPERATIVE BANK LTD.

A.O.: "RAJATHA BHAVANA"

NO.106, R.V. ROAD, VISVESWARAPURAM, BENGALURU - 560 004. 2. SMT. MAMATHA B.

W/O. NARASIMHAMURTHY S.E.

AGED ABOUT 38 YEARS, NO.16, 2^ND FLOOR, 17^TH CROSS, 22^ND MAIN, 5^TH PHASE, JP NAGAR, SHAMANNA GARDEN, AYODYA NAGAR, BENGALURU - 560 078.

3. SRI. KUMAR P.G.

FATHERS NAME NOT KNOWN MAJOR, NO.274, 275, 10^TH CROSS, 1^ST STAGE, 2^ND PHASE, MANJUNATHANAGAR, RAJAJINAGAR, BENGALURU - 560 010.

…RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SALE NOTICE DATED 09.03.2026 ANNEXURE-E ISSUED BY THE 1^ST RESPONDENT BANK AND PUBLISHED IN THE NEW INDIAN EXPRESS DATED 10.03.2026 VIDE ANNEXURE-E, PROPOSING TO AUCTION THE SCHEDULE PROPERTY ON 25.03.2026, UNDER THE PROVISIONS OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 AND THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002, AND ACCORDINGLY DECLARE THE SAID SALE NOTICE AS ILLEGAL, ARBITRARY, AND VOID AB INITIO 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 writ petition is filed seeking the following prayer:

(a) Issue a writ of certiorari or any other appropriate writ, order, or direction quashing the impugned sale notice dated 09.03.2026 issued by the 1^st respondent bank and published in "The New Indian Express" dated 10.03.2026 vide Annexure-E, proposing to auction the schedule property on 25.03.2026, under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 and the Security Interest (Enforcement) Rules, 2002, and accordingly, declare the said Sale Notice as illegal, arbitrary and void ab initio.

(b) Pass such other Writ, Order, or Direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interests of justice and equity.

2. The respondent is Subramanyeswar Co-operative Bank Ltd. In the light of the law laid down in the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the writ petition against the respondent is not maintainable.

3. Accordingly, this Court is passing the following:

O R D E R (i) Writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy within 30 days from the date of receipt of the copy of the order.

(ii) The petitioner shall have the benefit of Section 14 of the Limitation Act, 1963.

All I.As. in the writ petition shall stand closed.

SD/-

(LALITHA KANNEGANTI)

JUDGE SS List No.: 1 Sl No.: 28