- 1 - NC: 2025:KHC:95 WP No. 32173 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 32173 OF 2024 (GM-RES) BETWEEN: MRS. GEETHA H.K, W/O ASHOK, AGE ABOUT 52 YEARS, NO. 77, 3RD CROSS, LAKSHMINAGAR, K.S.C 3RD STAGE, BASAVESHWARANAGAR, BANGALORE - 560 079. …PETITIONER (BY SRI. SANJAY, ADVOCATE FOR SRI. SHARATH KUMAR SHETTY, ADVOCATE) AND: 1. THE AUTHORISED OFFICER/MANAGER, BAJAJ HOUSING FINANCE LTD., NO. 19, 4TH FLOOR, KMJ AVEN, KMJ ARCADIA, MARATHALLI, OUTER RING ROAD, ASWATHNAGAR, BANGALORE - 560 037. 2. MR. ASHOK S, S/O LATE SRI. SUBRAMANI, AGE ABOUT 58 YEARS, NO. 77, 3RD CROSS, LAKSHMINAGAR, K.S.C 3RD STAGE, BASAVESHWARANAGAR, BANGALORE - 560 079. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:95 WP No. 32173 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 12.06.2024 PASSED BY THE 46TH ACMM COURT BANGALORE U/S 14 OF SARFAESI ACT AS PER ANNX-F AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned counsel for the respondent-Bank has furnished a copy of the order passed in W.P.No.19681/2024 dated 28.08.2024. The said writ petition was filed by 2nd respondent -Borrower. The said writ petition was disposed of, recording the submission made on behalf of the petitioner that the petitioner is willing to close the loan account, if reasonable time is granted. The petitioner sought time till 30.11.2024 to give a proposal to the respondent-Bank for full settlement of the loan account. Accordingly, this Court disposed of the writ petition directing the petitioner to deposit a sum of Rs.25 Lakhs on or before 30.09.2024, another sum of Rs.25 Lakhs on or before 31.10.2024 and the balance amount with accrued interest on or before 30.11.2024. It was also made clear that in the event of - 3 - NC: 2025:KHC:95 WP No. 32173 of 2024 failure on the part of the petitioner to deposit the amount, the respondent-Bank shall be at liberty to proceed against the petitioner in accordance with law. Learned counsel for the respondents further submits that nothing has been mentioned about the said writ petition in this petition filed at the hands of the petitioner, who is none other than the wife of 2nd respondent-Borrower. Learned counsel submits that all these aspects have been concealed and an interim order has been obtained by the petitioner. 2. This Court has time and again held that in the matters arising out of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'), the High Court should not show indulgence, having regard to the fact that a separate mechanism has been formulated by the Central Government and the aggrieved borrower is required to approach the Debts Recovery Tribunal. Despite such directions, the parties have been approaching this Court and by deceit such interim orders are obtained by the petitioner herein. Nevertheless concealing all these aspects, this writ petition has been filed by the wife of 2nd respondent-Borrower and interim orders have been passed - 4 - NC: 2025:KHC:95 WP No. 32173 of 2024 by this Court, since earlier writ petition and the orders passed by this Court were concealed by the petitioner. In the considered opinion of this Court, such petitions do not deserve to be considered and are required to be dismissed at the threshold itself. 3. Accordingly, the writ petition stands dismissed, while imposing cost of Rs.10,000/- on the petitioner, payable to the respondent-Bank within a period of four weeks from today. Acknowledgement for having paid the cost shall also be filed in the office. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 33 CT: BHK