SANTHOSH KUMAR C v. M/S HINDUJA HOUSING FINANCE LTD
WP/38980/2025 · 2025-12-26
C M Poonacha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39449 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39449 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:54767 WP No. 38980 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 38980 OF 2025 (GM-DRT) BETWEEN:
1.
SANTHOSH KUMAR C S/O CHANDRADEV SINGH AGED ABOUT 35 YEARS,
2.
KUSHABU KUMARI SANTHOSH KUMAR.C AGED ABOUT 28 YEARS,
BOTH R/AT PLOT NO.46/2, CHINNAGINAHALLI AVAHALLI, VEERGONAGAR, NEAR JM ENGLISH SCHOOL BANGALORE-560049. …PETITIONERS (BY SRI. LOKESH B., ADVOCATE) AND:
1.
M/S HINDUJA HOUSING FINANCE LTD CORPORATE OFFICE AT NO. 167-169, 2ND FLOOR, ANNASALI, SAIDAPET, CHENNAI-600015.
REPRESENT BY ITS AUTHORIZED OFFICER.
2.
M/S. HINDUJA HOUSING FINANCE LTD., BRANCH OFFICE NO.91 AND 92 (OLD NO.122 AND123) 3RD FLOOR, 7TH MAIN ROAD, 30TH CROSS,
Digitally signed by NIRMALA DEVI Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:54767 WP No. 38980 of 2025
JAYANAGARA, BANGALORE-560011.
REPRESENT BY ITS REGIONAL MANAGER
…RESPONDENTS
THIS WP IS FILED PRAYING TO-SET ASIDE THE PROCESS OF NOTICE DATED 15.10.2024 ISSUED BY THE RESPONDENTS TO THE PETITIONERS AT ANNX-C. DIRECT THE RESPONDENT TO OPEN THE PETITIONERS LOAN ACCOUNT NO. LOAN ACCOUNT NO. KA/BLR/NGRD/A000000166 PERMITTING THE PETITIONERS TO CLEAR THE OUTSTANDING SAID LOAN AMOUNT ETC
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petition is filed calling in question the possession notice dated 15.10.2024 passed by the respondent under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,
20021.
1 hereinafter referred to as 'SARFAESI Act'
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HC-KAR NC: 2025:KHC:54767 WP No. 38980 of 2025
2. There exists an alternative efficacious remedy under Section 17 of the SARFAESI Act.
3. Hence, the present petition is disposed of reserving liberty to the petitioner to avail other remedies available under law. Sd/- (C.M. POONACHA) JUDGE
RJ List No.: 1 Sl No.: 33