BAJAJ HOUSING FINANCE LIMITED v. MR GULAMKHWAJA SEERAJUDDIN MUNSHI
WP/31240/2025 · 2025-10-27
Lalitha Kanneganti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48534 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48534 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42589 WP No. 31240 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 31240 OF 2025 (GM-DRT) BETWEEN:
BAJAJ HOUSING FINANCE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 2013 REGISTERED HEAD OFFICE AT 5TH FLOOR, CEREBRUM IT PARK-B2 BUILDING, KALYANI NAGAR, PUNE - 411 014, HAVING ITS BRANCH OFFICE AT 1ST FLOOR, JK TOWERS, 719/A-53-2, 46TH CROSS, SANGAM CIRCLE, JAYANAGAR 8TH BLOCK, BENGALURU - 560 082 REPRESENTED BY ITS CLUSTER MANAGER AND AUTHORIZED OFFICER SRI. SHREESHAIL BADIGER. …PETITIONER (BY SRI. SURESH V, ADVOCATE) AND:
1.
MR. GULAMKHWAJA SEERAJUDDIN MUNSHI NO.C1, 1001, GOLDEN PALMS, HENNUR MAIN ROAD, K NARAYANAPURA, SHIVARAMA KARANTHNAGAR, NEAR KRISHTU JAYANATHI COLLEGE, BENGALURU, KARNATAKA - 560 077.
2.
MR. NASIR GULAMKHWAJA MUNSHI, NO.C1, 1001 GOLDEN PALMS,
Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:42589 WP No. 31240 of 2025
HENNUR MAIN ROAD, K NARAYANAPURA, SHIVARAMA KARANATHNAGAR, NEAR KRISHTU JAYANTHI COLLEGE, BENGALURU, KARNATAKA - 560 077.
3.
MOAN ADVERTISING SERVICES, REPRESENTED THROUGH IT'S AUTHORISED SINGATORY, NO.47, 3RD FLOOR, WHEELERS ROAD, COX TOWN, BENGALURU - 560 077.
4.
SANJAY KUMAR K.T NO. TFI, NO.47, WHEELERS ROAD, COX TOWN, BENGALURU - 560 005.
5.
MRS. MUNSHI ASMA NASIR W/O MR. NASIR MUNSHI NO.C1, 1001B GOLDEN PALMS HENNUR MAIN ROAD, K NARAYANAPURA SHIVARAMA KARANTHNAGAR NEAR KRISHTU JAYANTHI COLLEGE BENGALURU, KARNATAKA - 560 077. …RESPONDENTS
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED 10TH ADDL. CHIEF JUDICIAL MAGISTRATE, BENGALURU TO DISPOSE OFF AN APPLICATION FILED UNDER SECTION 14 OF THE SARFAESI ACT IN CRL. MISC NO. 50131/25 AT ANNEXURE-C FILED BY THE PETITIONER FORTHWITH.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:42589 WP No. 31240 of 2025
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following prayer:- a) To direct the Learned 10th Additional Chief Judicial Magistrate, Bengaluru to dispose off an application filed under Section 14 of the SARFAESI Act in Crl. Misc.No.50131/025 at Annexure-C, filed by the petitioner forthwith. b) To issue such other directions to pass such other orders as deemed fit in the peculiar facts and circumstances of the case, in the interest of justice and equity.
2. Learned counsel appearing for the petitioner/Bank submits that the SARFAESI proceedings were initiated. It is submitted that the respondents have availed a loan of an amount of Rs.1,25,00,000/- and the amount shall be repaid together with floating rate of interest for a period of 168 months by way of equal monthly installments. Towards the collateral security for repayment of the loan amount, the respondents have also deposited the title deeds documents in favour of the petitioner/Bank. When respondent had failed to pay the loan amount the account was classified as Non Performing Asset (NPA) on 01.07.2024 and bank initiated
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HC-KAR NC: 2025:KHC:42589 WP No. 31240 of 2025
recovery proceedings under the SARFAESI Act, 2002 and notice was issued under Section 13(2) of the Act on 02.09.2024. The said notice was served on the respondent on 14.09.2024. Thereafter, the petitioner/Bank filed an petition under Section 14 of SARFAESI Act, 2002 before the 10th Additional Chief Judicial Magistrate on 17.01.2025, it is the grievance of the petitioner/Bank that no orders were passed on the said application.
3. Considering the submissions of the learned counsel for the petitioner and the fact that the application is filed as along as back on 17.01.2025 this Court is passing the following:-
ORDER i. The 10th Additional Chief Judicial Magistrate is
directed to pass appropriate orders on the pending application within a period of four weeks. ii. Accordingly, writ petition is disposed of. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE
VS, List No.: 2 Sl No.: 9