- 1 - NC: 2025:KHC:10564 WP No. 7411 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7411 OF 2025 (GM-RES) BETWEEN: SRI. AMRUTH BAIRY S/O SRI. LATE M LAKSHMINARAYANA BAIRY, AGED 43 YEARS, RESIDING AT NO.39, 1ST MAIN, 1ST STAGE, 6TH PHASE, WEST CHORD ROAD, RAJAJINAGAR, BANGALORE-560010 …PETITIONER (BY SMT. SANDHYA U PRABHU.,ADVOCATE) AND: CAN FIN HOMES LTD., REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER BRANCH: VIDYARANYAPURA NO.964, RR PLAZA, FIRST FLOOR, 2ND BLOCK BEL LAYOUT, VIDYARANYAPURA, BANGALORE-560097. …RESPONDENT (BY SRI. D. NARAYANASWAMY., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE POSSESSION NOTICE ISSUED BY RESPONDENT BANK DTD. 04.02.2025 PRODUCED AT ANNX-D IN RESPECT OF SCHEDULE PROPERTY IN THE RESPECT OF SCHEDULE PROPERTY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10564 WP No. 7411 of 2025 ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ of Certiorari quashing the possession notice issued by respondent bank dated 04.02.2025 produced at Annexure-D in respect of schedule property in the respect of schedule property. ii. Issue a writ of certiorari quashing the and further sought for issuance of writ of certiorari quashing the sale notice dated 24.02.2025 produced at Annexure-E issued by respondent bank in respect of schedule property. iii. Grant any other relief as this Hon’ble Court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity. 2. The petitioner not having paid the housing loan, action has been taken by the respondent-Bank under the SARFAESI Act and the property is now being taken possession of. It is challenging the possession notice, that the petitioner is before this Court. 3. Sri.D.Narayanaswamy., learned counsel appearing for respondent submits that sufficient indulgence has been extended by respondent to the petitioner to make payment of the due amounts, which not having - 3 - NC: 2025:KHC:10564 WP No. 7411 of 2025 been paid the respondents have taken the above action. If the petitioner were to regularize the loan account by 30.3.2025, the respondent will not take possession of the property. 4. He submits that in order to regularize the said loan account an amount of Rs.7 lakhs approximately is required to be paid, the exact details would be communicated to the counsel for the petitioner in two days’ time. If the said amount is paid by 30.3.2025, the possession would not be taken subject to the petitioner continuing to make payment of regular EMI’s thereafter. 5. The said submission answers the grievance of the petitioner. Hence, reserving liberty to the petitioner to make payment of the amount required to regularize the loan account, the petition stands disposed of placing the submission of Sri.D.Narayanaswamy., learned counsel for respondent. - 4 - NC: 2025:KHC:10564 WP No. 7411 of 2025 6. Needless to say, if the account is not regularized as aforesaid by 30.3.2025, the respondent-Bank would be entitled to take such action as may be permissible under law. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 11 Sl No.: 1