Karnataka High Court
Mr H Revanna vs Pnb Housing Finance Ltd on 9 January, 2026
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NC: 2026:KHC:1239
WP No. 24958 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH 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
MOHAN 1. PNB HOUSING FINANCE LTD
Location: HIGH
COURT OF
3RD AND 4TH FLOOR
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
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NC: 2026:KHC:1239
WP No. 24958 of 2022
HC-KAR
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
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NC: 2026:KHC:1239
WP No. 24958 of 2022
HC-KAR
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 -4- NC: 2026:KHC:1239 WP No. 24958 of 2022 HC-KAR 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.
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NC: 2026:KHC:1239 WP No. 24958 of 2022 HC-KAR
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.
ii. Till the fresh notice is issued, the respondents cannot take any coercive steps.
iii. Once the notice under Section 13(4) is issued, the petitioner is at liberty to approach the DRT.
iv. In view of the second notice dated 20.08.2022 was issued, the first notice dated 06.01.2021 Dairy No.628/2021 does not survive. -6-
NC: 2026:KHC:1239 WP No. 24958 of 2022 HC-KAR v. Accordingly, the writ petition is disposed of. vi. All pending I.As., in the petition shall stand closed.
SD/-
(LALITHA KANNEGANTI) JUDGE PSJ List No.: 1 Sl No.: 7 CT-SG