- 1 - NC: 2025:KHC:11477 WP No. 4512 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 4512 OF 2025 (GM-RES) BETWEEN: N.B.VASU S/O N.BETTE GOWDA, AGED ABOUT 46 YEARS, RESIDING AT DOOR NO.109, KALLUR POST, YELAWALA HOBLI, KALLURUNAGANAHALLI, KALLUR, GOVT. PRIMARY SCHOOL, URBAN MYSURU – 571 130. …PETITIONER (BY SRI KUMARA K.G., ADVOCATE) AND: M/S. HINDUJA HOUSING FINANCE LTD., HAVING ITS REGISTERED OFFICE AT 27-A, DEVELOPED INDUSTRIAL ESTATE, GUINDY, CHENNAI – 600 032 HAVING ITS BRANCH OFFICE AT NO.21/1, GROUND FLOOR, JELITTA TOWERS, MISSION ROAD, BENGALURU – 560 027 REPRESENTED BY ITS AUTHORIZED OFFICER, PRASHANTH KUMAR. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11477 WP No. 4512 of 2025 CO-OPERATIVE SOCIETIES ARE REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. …RESPONDENT (BY SRI B.NARAYANA SWAMY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 05.04.2024 IN CASE NO.C.MIS.26/2024 PASSED BY THE COURT OF THE II ADDL.SENIOR CIVIL JUDGE AND CJM AT MYSURU (ANNEXURE- A). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayer: “WHEREFORE, the petitioner prays that this Hon'ble Court may be pleased to:- a) Issue, appropriate writ, order or direction to set aside the impugned order dated 05.04.2024 in Case No.C.MIS.26/2024 passed by the court of the II Addl. Senior Civil Judge & CJM., At Mysuru. (ANNEXURE-A) in the interest of justice and equity. b) Issue any other writ, order or direction which deems fit for this Hon'ble Court under the facts and circumstances, of the case including the award of costs in the interest of justice and equity.” - 3 - NC: 2025:KHC:11477 WP No. 4512 of 2025 2. Heard Sri Kumara K G, learned counsel appearing for petitioner and Sri B Narayana Swamy, learned counsel appearing for the respondent. 3. This Court, on 17-02-2025, had passed the following order: “Issue notice to the respondents. The office objections shall be complied within a period of one week from today. Learned counsel for the petitioner submits that the petitioner has borrowed loan from the respondent and the outstanding amount due as on 09.08.2023 is Rs.35,15,130/-. The respondents have obtained an order under Section 14 of the SARFAESI Act at the hands of the learned II Additional Senior Civil Judge and CJM, Mysore in C.Mis.No.26/2024 on 05.04.2024. The property in question is a residential premises, where the petitioner is residing along with his family. The learned counsel would therefore submit that the petitioner will pay up 25% of Rs.35,15,130/-, within a period of 4 weeks and if reasonable time is granted, petitioner will pay the entire outstanding amount or seek OTS settlement. Consequently, there shall be an ad-interim order of stay of all further proceedings pursuant to the order at Annexure-A, subject to the petitioner depositing 25% of Rs.35,15,130/-, within a period of 4 weeks. Failing which, the benefit arising out of this order shall not enure to the petitioner and the petitioner will run the risk of having the writ petition dismissed. Re-list this matter on 19.03.2025.” - 4 - NC: 2025:KHC:11477 WP No. 4512 of 2025 4. The learned counsel for petitioner submits that the order has been complied with, in its entirety. 5. The learned counsel for the respondent seeks time for verification. He would however submit that if Rs.11 lakhs is paid, the entire amount would be regularised and later if the EMIs are paid diligently, no problem would arise. 6. Learned counsel for the petitioner undertakes to pay an amount of Rs.2,70,000/- to get the account regularised, on or before 27-03-2025. 7. With the aforesaid observations and directing the petitioner to pay another Rs.2,70,000/- for regularization of the account, as submitted by the learned counsel for the respondent, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 59