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2025 DAILYLAW 15451 (KAR)

SRI. LAXMI DHAR MALLICK v. IIFL HOME FINANCE LIMITED

WP/2770/2025 · 2025-02-27

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:8510 WP No. 2770 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2770 OF 2025 (GM-RES) BETWEEN: 1. SRI. LAXMI DHAR MALLICK AGED ABOUT 41 YEARS, R/A C/O BAIBHAR, NO. A104 A BLOCK, 1ST FLOOR, SIPANI BLISS PH1, UPAKAR LYT, MADIVALA VILLAGE, ANEKAL, BENGALURU-562 106. 2. SMT. SUMATI MOHANTY W/O. LAXMI DHAR MALLICK, AGED ABOUT 38 YEARS, R/A C/O LAXMI DHAR MALLICK, NO. A104 A BLOCK, 1ST FLOOR, SIPANI BLISS PH1, UPAKAR LYT, MADIVALA VILLAGE, ANEKAL, BENGALURU-562 106. …PETITIONERS (BY SRI. PRAVEENKUMAR HIREMATH., ADVOCATE) AND: 1. IIFL HOME FINANCE LIMITED HAVING REGD. OFFICE AT NO. 39, 1ST FLOOR, SHANKARI BUILDING, OUTER RING ROAD, NEAR KARNATAKA BANK, HBR LAYOUT, 4TH BLOCK, MARATHAHALLI, BENGALURU, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8510 WP No. 2770 of 2025 KARNATAKA-560 037. BRANCH LOCATED AT IIFL HOME FINANCE LIMITED, NO.09, GF, SOMA MERIT, VENKATASWAMY NAIDU ST., TASKER TOWN, SHIVAJI NAGAR, BENGALURU-560 051. 2. STATE OF KARNATAKA SURYA CITY POLICE STATION, ANEKAL ROAD, BENGALURU-560 099, STATION HOUSE OFFICER, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001. …RESPONDENTS (BY SRI. SATISH V., ADVOCATE FOR R1 SRI. SHAMANTH NAIK., HCGP FOR R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 06/01/2025 IN CRL. MISC. NO. 1647 OF 2024 PASSED BY THE CHIEF JUDICIAL MAGISTRATE RURAL COURT BENGALURU PRODUCED AT ANNEXURE-A AND GRANT AN INTERIM PRAYER TO STAY OF OPERATION AN OR GIVING EFFECT TO AND OR EXECUTION IMPLEMENTATION OF AND/OR ANY ACTION PROCEEDINGS, COERCIVE OR OTHERWISE, PURSUANT TO ORDER DATED 06/01/2025 IN CRL. MISC. NO. 1647 OF 2024 PRODUCED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:8510 WP No. 2770 of 2025 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent – Bank has filed a memo dated 25.02.2025 along with the foreclosure letter, which contains all the relevant information to enable the petitioner to repay the penal charges, cheque bouncing charges and legal charges to regularise the account. 2. Learned counsel for the petitioner however submits that the respondents are seeking to levy legal charges of Rs.1,32,250/-. It is submitted that the principle amount borrowed by the petitioners is Rs.29,25,719/- and the account was declared NPA during March, 2024. The learned counsel would therefore request that the legal charges may be reduced. 3. Having regard to the fact that the account was declared NPA during March 2024 and not giving rise to - 4 - NC: 2025:KHC:8510 WP No. 2770 of 2025 complexities, the legal charges can be reduced by the respondent. 4. Accordingly, the writ petition stands disposed of, while directing the respondents to consider the request made by the petitioner for reducing the legal charges. A communication should be made to the petitioner within a period of one week from the date of receipt of copy of this order informing the petitioner regarding the amount payable, while reducing the legal charges. The petitioner shall also pay the said amount within a period of two weeks from the date the information is received at the hands of the respondent – Bank. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL