- 1 - NC: 2025:KHC:6122 WP No. 3187 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 3187 OF 2025 (GM-RES) BETWEEN: MR. SARFRAZ NAWAZ S/O ILIYAS. AGED ABOUT 43 YEARS. NO. 5-11/1, MAINMUNA BAGH, BASTHIPADU, ULLAL, MANGALURU, D.K DISTRICT - 574 199. …PETITIONER (BY SRI. S. RAJASHEKAR , ADVOCATE) AND: 1. M/S PNB HOUSING FINANCE LTD., COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 REGISTERED WITH NATIONAL HOUSING COMPANY (NHB) IN TERMS OF SECTION 29A OF THE NATIONAL HOUSING COMPANY ACT, 1987 HAVING ITS REGISTERED OFFICE AT 9TH FLOOR, ANTRIKSH BHAWAN, 22 KASTURBA GANDHI MARG, NEW DELHI - 110 001. HAVING ITS BRANCH OFFICE AT. PNB HOUSING FINANCE LTD., NO. 40, JODH TOWER 3RD FLOOR, 27TH CROSS, 5TH MAIN ROAD, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6122 WP No. 3187 of 2025 JAYANAGAR 4TH BLOCK, BENGALURU - 560 011 REPRESENTED BY ITS ZONAL LEGAL MANAGER MR. PRADEEP KUMAR, S/O RAMAPPA H AGED ABOUT 40 YEARS. …RESPONDENT (BY SRI. FRANCIS XAVIER, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.01.2025 PASSED IN CRIMINAL MISC.NO.249/2024 PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM MANGALURU VIDE ANNX-A. IN SO FAR PETITIONER CONCERNED 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 Learned counsel for the respondent-Bank submits that the petitioner was earlier before this Court in WP.No.27888/2024. The writ petition was disposed of permitting the petitioner to deposit Rs.22 Lakhs within two weeks from the date of the order so that the loan account of the petitioner can be regularized. However, the petitioner did not comply with the orders passed by this Court. The petitioner, - 3 - NC: 2025:KHC:6122 WP No. 3187 of 2025 however, approached the Debts Recovery Tribunal in S.A.No.618/2024, and the said S.A. is still pending consideration before the Debts Recovery Tribunal. Since the petitioner failed to deposit any sum before the Debts Recovery Tribunal, no interim relief was granted to the petitioner. However, the petitioner got a suit filed in O.S.No.1140/2024 at the hands of the petitioner’s wife while arraying the petitioner herein as defendant No.1 and the Bank as defendant No.2. An order of temporary injunction was granted by the learned Principal Civil Judge and JMFC, Mangaluru, and with great difficulty, the Bank got the temporary injunction vacated. Thereafter, the petitioner’s mother, who is a co-borrower, filed writ petition No.35884/2024 challenging the very same order passed in the Criminal Miscellaneous Petition. Since respondent-Bank brought to the notice of this Court that the petitioner herein had earlier approached this Court and thereafter, he has also approached the Debts Recovery Tribunal, no interim orders were passed in favour of the petitioner therein. However, learned counsel for the petitioner submits that in the writ petition, what is challenged is the sale notice. - 4 - NC: 2025:KHC:6122 WP No. 3187 of 2025 2. Learned counsel for the respondent points out that in prayer No.1, the petitioner is also seeking to raise a challenge to order dated 06.01.2025 passed in the same Criminal Miscellaneous Petition No.249/2024, where directions were given to the Court Commissioner. Learned counsel would therefore submit that such a writ petition should not be entertained by this Court. 3. Having regard to the conduct of the petitioner, this Court would reprimand the petitioner and hereby direct that neither he nor his mother nor his wife will file any other petition before this Court in respect of the measures taken by the first respondent-Bank for recovery of the loan amount at the hands of the petitioner and his mother, who are co-borrowers at the hands of the first respondent-Bank. 4. If the petitioner is ready with any demand draft, the same may be tendered before the Debts Recovery Tribunal, along with the necessary application, which could be made in accordance with law. The writ petition is accordingly dismissed. - 5 - NC: 2025:KHC:6122 WP No. 3187 of 2025 In view of the disposal of the main matter, I.A.No.1/2025 does not survive for consideration and the same stands disposed of. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 29 CT: BHK