- 1 - HC-KAR NC: 2025:KHC:31125 WP No. 23763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23763 OF 2025 (GM-RES) BETWEEN: MR. LAXMAN TUKAPPA SON OF MR.TUKAPPA, AGED ABOUT 54 YEARS NO.34, DASAPPA LAYOUT, 2ND BLOCK, RAMAMURTHY NAGAR, BANGALORE-560016 …PETITIONER (BY SRI. RUDRABHUSHAN C B.,ADVOCATE) AND: 1. HDFC BANK LIMITED HAVING ITS REGISTERED OFFICE AT HDFC BANK HOUSE, SENAPATHI BAPAT MARG, LOWER PAREL (WEST), MUMBAI-400 013 ONE OF ITS BRANCH OFFICE AT GOLDEN TOWERS, REPRESENTED BY 3RD FLOOR, NEXT TO GOLDEN ENCLAVE, KODIHALLI, OLD AIRPORT ROAD, BANGALORE-560017 ITS AUTHORIZED OFFICER SRI.SREENIDHI S N Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31125 WP No. 23763 of 2025 2. M/S SOUTH STAR TECHNOLOGY SOLUTIONS PVT. LTD., REPRESENTED BY ITS PROPRIETOR MR. LAXMAN TUKKAPPA, NO.34, DASAPPA LAYOUT, 2ND BLOCK, RAMAMURTHY NAGAR, BANGALORE - 560 01 3. MRS. SHOBHA MARPALLE, D/O MARPALLE, AGED ABOUT 47 YEARS, NO.34, DASAPPA LAYOUT, 2ND BLOCK, RAMAMURTHY NAGAR, BANGALORE - 560016 …RESPONDENTS (BY SRI. B C AVINASH., ADVOCATE FOR R1; V/O DATED 11.08.2025 NOTICE TO R2 & R3 STANDS D/W) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDER DATED 12.01.2024 PASSED BY HONORABLE X ACMM COURT IN CRL. MISC. NO. 50353 OF 2020 VIDE ANNEXURE-A; QUASH/ SET ASIDE THE IMPUGNED NOTICE DATED 25.10.2024 ISSUED BY RESPONDENT BANK VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:31125 WP No. 23763 of 2025 ORAL ORDER The petitioner, a borrower who is in default and whose residential property is under seal after the impugned order dated 12.01.2024 in Crl. Misc. No.50353/2020 on the file of the X Additional Chief Metropolitan Magistrate, Bengaluru City, seeks this Court's intervention for immediate restoration of the possession. Mr. Rudrabhushan C. B, the learned counsel for the petitioner, reiterates his submission on the previous hearing date [11.08.2025] that the petitioner is willing to offer Rs.11,00,000/- immediately and also clear the entire outstanding within two months. However, Mr. B. C. Avinash, the learned counsel who is permitted to accept notice and who has filed vakalath for the Secured Creditor [the first respondent], submits that (i) the petitioner has called in question the order dated 12.01.2024 under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] in the proceedings under Section 17 thereof, (ii) the - 4 - HC-KAR NC: 2025:KHC:31125 WP No. 23763 of 2025 petitioner had the advantage of an interim order subject to deposit of Rs.4,50,000/- in the month of November 2024, and (iii) the petitioner has not availed that benefit and in fact, the application is dismissed for default. The learned counsel also emphasizes that the petitioner is buying time with false assurances of closure of the loan. These submissions are considered on whether there must be any intervention. It cannot be gainsaid that the petitioner must avail his remedy for restoration of the disposed of application along with an application for restoration of possession of the residential property and the petitioner must be at liberty in this regard. However, this Court is also of the view, in the light of the offer made before this Court as aforesaid, that the petitioner must be at liberty to approach the first respondent for immediate possession offering 25% of the outstanding with an undertaking to clear the entire amount and that if such offer is made, notwithstanding the liberty to the petitioner to approach the - 5 - HC-KAR NC: 2025:KHC:31125 WP No. 23763 of 2025 Debt Recovery Tribunal [DRT], the first respondent must consider the same. While so observing, the petition stands disposed of requesting the DRT, if the petitioner avails the liberty, to consider the application expeditiously. Sd/- (B M SHYAM PRASAD) JUDGE RB