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2025 DAILYLAW 4518 (KAR)

B MANJUNATH S/O ANAND SHETTY (BORROWER) v. PIRAMAL CAPITAL AND HOUSING FINANCE LTD

WP/101878/2025 · 2025-03-19

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:5034 WP No. 101878 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101878 OF 2025 (GM-RES) BETWEEN: 1. B.MANJUNATH S/O ANAND SHETTY (BORROWER), AGE. 45 YEARS, OCC. MEDICAL PRACTITIONER (DENTIST), R/O.H.NO.13, SAROJ, 10TH CROSS, ‘A’ BLOCK, NEAR LIONS SCHOOL, BASAVESHWAR NAGAR, HAVERI, DIST. HAVERI-581 110. 2. SUPREETHA MANJUNATH SHETTY (CO-BORROWER), AGE. MAJOR, OCC. MEDICAL PRACTITIONER, (DENTIST), R/O.H.NO.13, SAROJ, 10TH CROSS, ‘A’ BLOCK, NEAR LIONS SCHOOL, BASAVESHWAR NAGAR, HAVERI, DIST. HAVERI-581 110. …PETITIONERS (BY SRI. RAGHAVENDRA.A.PUROHIT., ADVOCATE) AND: 1. PIRAMAL CAPITAL AND HOUSING FINANCE LTD., (FORMERLY KNOWN AS DEWAN HOUSING FINANCE CO.LTD., (DHFL) REPRESENTED BY ITS AUTHORISED OFFICER, NO.4/5, 2ND FLOOR, TIRUMALA TRADE CENTER, NELIGEN ROAD, CHANNAMMA CIRCLE, HUBBALLI, DIST. DHARWAD-580 029. 2. PIRAMAL CAPITAL AND HOUSING FINANCE LTD., (FORMERLY KNOWN AS DEWAN HOUSING FINANCE CO.LTD., (DHFL), REP.BY ITS AUTHORISED OFFICER, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:5034 WP No. 101878 of 2025 UNIT NO.601, 6TH FLOOR, AMITI BUILDING, AGASTYA CORPORATE PARK, KAMANI JUNCTION, OPP. FIRE STATION, LBS MARG, KURLA (WEST), MUMBAI-400 070. MAHARASHTRA STATE. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Raghavendra A.Purohit., counsel for the petitioners has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Possession Notice dated 26.04.2024 issued by the first respondent vide Annexure-C and a Writ of Mandamus directing the first respondent to offer the One Time Settlement scheme to clear the outstanding amount to the petitioners. 3. Needless to say that if a person is aggrieved by the possession notice, he/she must approach the DRT under Section 17 of the SARFAESI Act. Hence, I decline to exercise power under Writ jurisdiction. - 3 - NC: 2025:KHC-D:5034 WP No. 101878 of 2025 4. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE RH List No.: 2 Sl No.: 23