- 1 - NC: 2025:KHC:14614 WP No. 5572 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5572 OF 2025 (GM-RES) BETWEEN: SRI. M.S. DHARMA, AGED ABOUT 44 YEARS, S/O LATE SWAMY M.P., R/AT FLAT NO. 010, 2ND FLOOR, MUNICIPAL NO.6, CHANDRA LAYOUT, WARD NO. 39, NGEF LAYOUT MAIN ROAD, NAGARBHAVI, BENGALURU - 560 072. …PETITIONER (BY SRI. NARENDRA S., ADVOCATE) AND: HDFC BANK, REP. BY ITS AUTHORIZED OFFICER/ CHIEF MANGER, HAVING ITS OFFICE AT, NO. 24/3, HDFC HOUSE NO.51, KASTURBA ROAD, BENGALURU - 560 001, ALSO HAVING ITS BRANCH OFFICE AT BANGALORE …RESPONDENT (BY SRI. PRANCIS XAVIER, ADVOCATE FOR C/R) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:14614 WP No. 5572 of 2025 PHYSICAL POSSESSION NOTICE DATED 01.02.2025 AS PER ANNX-E AS ILLEGAL AND OPPOSED TO LAW AND ETC. 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 prayers: "a. issue writ of certiorari by quashing the Physical Possession Notice dated 1.2.2025 as per Annexure 'E' as illegal and opposed to law, b. Grant such other relief/s as the situation demands with cost in the interest of justice and equity." 2. Heard Sri. Narendra S., learned counsel appearing for the petitioner, Sri. Francis Xavier, learned counsel appearing for the caveator/respondent and have perused the material on record. 3. Pursuant to the direction of this Court, the petitioner has filed an affidavit of the closure of the loan account and the affidavit of undertaking reads as follows: "AFFIDAVIT I, M.S. Dharma, Aged about 44 years, S/o. Late, Swamy - 3 - NC: 2025:KHC:14614 WP No. 5572 of 2025 M.P, R/at Flat No,010, 2nd Floor, Municipal No.6, Chandra Layout, Ward No.39, NGEF Layout, Main Road, Nagarbhavi, Benaluru-560072, do hereby solemnly affirm and state as follows:- 1. I am the petitioner herein and am well conversant with the facts deposing hereto. Hence I am swearing to this affidavit. 2. I submit that I have preferred the above petition challenging the issuance of Physical Possession Notice dated 1.2.2025 as per Annexure 'E' by the respondent- bank. In this regard, facts pleaded and grounds urged in the above petition may kindly be read as an integral part of this affidavit. 3. I submit that as per the directions of this Hon'ble Court as an interim measure I was directed to deposit Rs.3,00,000/- on or before 25-3-2025 and the respondent bank was directed restore the possession in my favour and as per the directions I have deposited Rs.3,00,000/- on 10-3-2025 and the respondent bank has handed over the physical possession of the property. 4. I state that I am ready and willing to close down the entire loan amount within 6 months from today and after closure of the loan account the respondent bank may be directed to issue loan clearance certificate along with return of the original documents. 5. The statements made in paragraphs 1 to 5of the accompanying affidavit are true to the best of my knowledge, information and belief." 4. In that light, I deem it appropriate to dispose the petition directing the petitioner to adhere to the contents of the affidavit of undertaking. Any deviation from the affidavit, the Bank is at liberty to take action in accordance with law. 5. In the light of the affidavit so filed, the petitioner - 4 - NC: 2025:KHC:14614 WP No. 5572 of 2025 shall adhere to the same and close the account in the next six (6) months. 6. If the account is not closed in the next six months, the Bank is at liberty to take possession of the property, for which, the present order will be treated as an order under Section 14 of the SARFAESI Act, 2002. 7. Though the affidavit is of clearance of the loan in the next six (6) months, I deem it appropriate to direct that Rs.39,83,000/- amount that is in due be divided to equal monthly installments of six (6) equal monthly installments, even if one monthly equal installment deviates, the Bank is at liberty to take action in accordance with law. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 34 CT: BHK