Jaya Coffee Works Vs Canara Bank (Karnataka High Court)
Summary: The Karnataka High Court at Bengaluru dismissed Writ Petition No. 25288 of 2026 filed by M/s Jaya Coffee Works, represented by its proprietor Thamaya M.D., and Sri Thamaya M.D. against Canara Bank. The petition was filed under Articles 226 and 227 of the Constitution of India seeking, among other reliefs, a writ of certiorari quashing the impugned sale notice/e-auction No. ARM/MNG/F628/490/2026-27 dated 14.07.2026, which was scheduled to be conducted on 21.08.2026.
The Court recorded that the parties advanced several contentions and that it had heard the arguments and perused the papers. The Court noted that the authorised officer of the Bank had issued a possession notice under the SARFAESI Act and Rules and identified the petitioner’s grievance as relating to the issuance of the possession notice.
The Court held that a person aggrieved by notices issued under the SARFAESI Act or Rules is not without a remedy. Such a person has the liberty to file objections and also approach the Debts Recovery Tribunal under Section 17 of the SARFAESI Act. The Court observed that the Supreme Court has settled the law through a catena of decisions that a possession notice cannot be challenged by filing a writ petition, as the litigant is not remediless and the Tribunal has been established specifically to adjudicate the dispute.
