- 1 - HC-KAR NC: 2025:KHC:38033 WP No. 26901 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26901 OF 2025 (GM-RES) BETWEEN: 1. SRI.RAGHU R S/O LATE SRI RANGEGOWDA AGED ABOUT 41 YEARS 2. SMT MANJULA R W/O LATE SRI RANGEGOWDA AGED ABOUT 65 YEARS 3. SMT TEJAWINI C W/O SRI RAGHU R AGED ABOUT 32 YEARS THE PETITIONERS ARE ALL RESIDENT OF NO.3-511-174/1 (OLD NO.1242/1029) RAMA MANDIRA ROAD, WARD NO.8, GAYATHRI BADAVANE, CHANNARAYAPATNA HASSAN DISTRICT KARNATAKA-573225 …PETITIONERS (BY SRI. MILASH ARROL NORONHA.,ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38033 WP No. 26901 of 2025 AND: M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED HAVING ITS OFFICE AT PRESTIGE LIBRA 2ND FLOOR, MUNICIPAL NO.45 (OLD NO.45 AND 45/1) LALBAGH ROAD, ABOVE PASSPORT OFFICE, BENGALURU KARNATAKA-560027 REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SRI.V. SURESH., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT, DIRECTION OR ORDER INCLUDING WRIT IN THE NATURE OF CERTIORARI TO SET ASIDE THE IMPUGNED ORDER DATED 13.08.2025 IN CRL. MISC. NO.72/2025 PASSED BY THE LRD. PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, HASSAN, VIDE ANNEXURE-E; B. CONSEQUENTLY ISSUE A WRIT, DIRECTION OR ORDER INCLUDING WRIT IN THE NATURE OF CERTIORARI TO QUASH THE NOTICE DATED 18.08.2025 AS PER ANNEXURE-F AS ILLEGAL. - 3 - HC-KAR NC: 2025:KHC:38033 WP No. 26901 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners have availed a home loan from the respondent creating a charge over an immovable property, which is described in the schedule annexed to the memorandum of writ petition [a residential property]. The petitioners are aggrieved by the order dated 13.08.2025 in Crl. Misc. No.72/2025 on the file of the Principal Senior Civil Judge and Chief Judicial Magistrate, Hassan under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act']. The petitioners have admittedly defaulted in the EMIs, and as such, the respondent has initiated proceedings under Section 13 of the SARFAESI Act for possession. On behalf of Sri Suresh V, the learned - 4 - HC-KAR NC: 2025:KHC:38033 WP No. 26901 of 2025 counsel for the respondent, it is now stated that the petitioners must tender a sum of Rs.3,00,000/- and other charges as would be applicable to regularize their home loan and that this amount must be paid at the earliest and not later than 30.09.2025. When queried, it is further stated that with the home loan being regularized thus, the petitioners can continue to pay the EMIs or pre-close the loan. In response, the learned counsel for the petitioners submits that the afore amount of Rs.3,00,000/- and the other charges will be paid by the end of 30.09.2025. This Court opines that these submissions justify a disposal of the petition in the following terms: ORDER [a] The petition stands disposed of. [b] The petitioners will be at liberty to pay Rs.3,00,000/- and every other amount as may be due before 30.09.2025 for - 5 - HC-KAR NC: 2025:KHC:38033 WP No. 26901 of 2025 regularization of the loan. If the petitioners pay these amounts, the respondent shall desist from taking further action. It is needless to observe that if the loan is thus regularized by the petitioners, they should also be at liberty to continue servicing the loan in terms of the original agreement or pre-close the same. [c] If the petitioners cannot take the opportunity, they must avail their remedy under Section 17 of the SARFAESI Act. SD/- (B M SHYAM PRASAD) JUDGE AN/-