- 1 - NC: 2025:KHC:2619 WP No. 35151 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 35151 OF 2024 (GM-RES) BETWEEN: 1. SMT. GEETHA VENKATESH W/O VENAKTESH S AGED ABOUT 41 YEARS 2. SRI VENAKTESH S S/O SAMAPANGI AGED ABOUT 48 YEARS BOTH ARE R/AT FLAT NO 404 4TH FLOOR, SAI MADHURA ENCALVE 9TH CROSS, 24TH MAIN, ] J P NAGAR 1ST PHASE, BENGALURU 560078 …PETITIONERS (BY SMT. KAVITHA D., ADVOCATE) AND: 1. M/S KOTAK MAHINDRA BANK LTD., REGISTERED OFFICE AT 27 BKC C27, G BLOCK, BANDARA KURLA COMPLEX, BANDRA E MUMBAI- 400051 MAHARASHTRA INDIA Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2619 WP No. 35151 of 2024 REP BY ITS AUTHORIZED OFFICER CHIEF MANAGER/OFFICER/CHIEF MANAGER 2. M/S CITIFINANCIAL CONSUMER FINANCE INDIA LTD NO 17, ALNOOR BULDING HIGH GROUND PALACE ROAD BENGALURU 560052 REP BY ITS CHIEF MANAGER 3. SRI P SUBHASH PRAKASH S/O LT T PRAKASH AGED ABOUT 57 YEARS R/AT NO 24, KUMAR ENTERPRISES 9TH CROSS, ITI LAYOUT, 1ST PHASE, J P NAGAR, BENGALURU 560078 …RESPONDENTS (BY SRI. FRANCIS XAVIER., ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE PRE- INTIMATION LETTER TO TAKE POSSESSION OF SECURED ASSET UNDER THE PROVISION OF SARFAESI ACT, 2002 DTD. 12.11.2024 VIDE ANNX-H AFFIXED BY THE R-1 BANK ON ONE OF THE WALLS OF THE SCHEDULE PREMISES BY STATING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT BANK AGAINST THE SCHEDULED PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE SARFAESI ACT, 2002 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:2619 WP No. 35151 of 2024 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the respondent-bank submits that the petitioner is neither a borrower nor a guarantor. However, the petitioner claims to be a tenant in the scheduled premises. Learned Counsel has also pointed out to an order dated 08.11.2024 passed in W.P.No.1269/2017 filed by the petitioner whereby the petition was dismissed on 08.11.2024. But, the petitioner has enjoyed an order of status-quo for nearly Seven years. Learned Counsel would also submit that the petitioner has not complied with the directions issued by this Court on 20.12.2024, where the petitioner was directed to deposit 25% of the outstanding amount due within four weeks from the date of the order, failing which, it was directed that the interim order granted would automatically stand vacated and the respondent-bank would be at liberty to proceed in accordance with law. - 4 - NC: 2025:KHC:2619 WP No. 35151 of 2024 2. Learned Counsel for the petitioner fairly concedes that the petitioner has not complied with the directions issued by this Court. 3. Consequently, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE DL CT: JL