- 1 - NC: 2025:KHC:8497 WP No. 3957 of 2024 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. 3957 OF 2024 (GM-RES) BETWEEN: 1. SMT. JAYANTHI T AGED ABOUT 60 YEARS, WIFE OF DAYALAN, 2. SRI. NISHANTH KUMAR. D AGED ABOUT 40 YEARS, SON OF DAYALAN, 3. SMT. SUNITHA MARY AGED ABOUT 36 YEARS, WIFE OF NISHANTH KUMAR, ALL ARE RESIDING AT NO. 80/1, 4TH MAIN, HOYASALA NAGAR, RAMMURTHY NAGAR, BENGALURU - 560 016. …PETITIONERS (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. M/S. CAN FIN HOMES LTD., REPRESENTED BY ITS OWNER SRI. M.D. SURESH SRINIVASA IYER OF CORPORATE OFFICE SITUATED NO. 69, 12TH MAIN ROAD, 4TH T BLOCK, EAST JAYA NAGAR, BANGALORE - 560 011, PH NO. 080 26630501. 2. M/S. CAN FIN HOMES LTD., REPRESENTED BY THE GENERAL MANAGER Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8497 WP No. 3957 of 2024 OFFICE SITUATED CORPORATE OFFICE SITUATED NO. 29/1, SRI. M. N. KRISHNA RAO ROAD, BASAVANAGUDI, BANGALORE - 560 004, MOBILE NO. 9606084362. 3. M/S. CAN FIN HOMES LTD., REPRESENTED BY ITS BRANCH MANAGER CORPORATE OFFICE SITUATED NO. 39, (OLD NO. 21 AND 22), GROUND FLOOR, SUBRAMANIYAPURA MAIN ROAD, CHIKKALASANDRA, NEAR PRAATHANA SCHOOL, BANGALORE - 560 061, PH NO. 080 26394003, 26394009. …RESPONDENTS (BY SRI. D. NARAYANASWAMY, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO STOP FURTHER PROCEEDINGS AND COLLECT THE EMIs WHICH ARE DUE FROM THE PETITIONERS AS PER THE SANCTION LETTER, DATED 10.04.2015 ANNX-A SANCTIONED ON THE DATE OF DISBURSEMENT OF THE LOAN AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The prayer in the writ petition is as follows: "a) A writ in the nature of mandamus directing the respondents to stop further proceedings and collect the EMI's which are due form the petitioners as per the sanction letter dated - 3 - NC: 2025:KHC:8497 WP No. 3957 of 2024 10.08.2015 Annexure-A sanctioned on the date of disbursement of the loan. b) And also direct the respondents to issue repayment schedule as per the sanction letter dated 10.08.2015 vide Annexure-A in the interest of justice and equity. c) Any other order or directions which this Hon'ble Court deems fit in the above case. " 2. Learned counsel for the petitioners has submitted that on the previous occasions, the petitioners have already approached the Debts Recovery Tribunal in (SA) Diary No.590/2024, and it was also submitted that the petitioners have raised disputed questions and are seeking the prayer as noticed herein above. Learned counsel for the respondents submits that such disputed questions cannot be gone into in a writ proceeding, and since the petitioners are already before the Debts Recovery Tribunal, the writ petition may be dismissed. 3. Having regard to the admitted fact that the petitioners have already approached the Debts Recovery Tribunal and the prayer made in the writ petition cannot - 4 - NC: 2025:KHC:8497 WP No. 3957 of 2024 be considered in a writ proceedings, the writ petition is accordingly dismissed while directing the petitioners to seek redressal of their grievance before the Debts Recovery Tribunal. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 13 CT: BHK