- 1 - HC-KAR NC: 2025:KHC:25824 WP No. 34980 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34980 OF 2024 (GM-RES) BETWEEN: 1. SRI V M NANDAN GOWDA SON OF H J MUTHURAJ, AGED ABOUT 42 YEARS, RESIDING AT NO 50, LAKSHIMPURA VILLAGE CHOWTHI POST, PIRIYAPATNA (RURAL) MYSORE - 571 107 … PETITIONER (BY SRI. ABHISHEK KUMAR., ADVOCATE) AND: 1. POONAWALLA HOUSING FINANCE LIMITED (EARLIER KNOWN AS GE MONEY HOUSING FINANCE) MAGMA HOUSING FINANCE MAGMA HOUSING FINANCE LIMITED) HAVING ITS OFFICE AT 2ND FLOOR, BHAVESH ARCADE NO.5 AND 12, VISHWAMANAVA DOUBLE ROAD SARASWATHIPURAM MYSURU - 570 014 REP. BY ITS AUTHORISED OFFICER Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25824 WP No. 34980 of 2024 2. KOTAK MAHINDRA BANK, REGISTERED OFFICE AT 27BKC, C27, G BLOCK, BANDRA KURLA COMPLEX BANDRA (E), MUMBAI - 400 051 REP BY ITS AUTHORISED OFFICER … RESPONDENTS (BY SRI. FRANCIS XAVIER., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THIS WRIT PETITION AND SET ASIDE THE PRE-INTIMATION COMMUNICATION ORDER DATED 03/09/2024 AT ANNEXURE-A ISSUED BY THE R2 AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the correctness of pre-intimation communication dated 03.09.2024 at Annexure-A. 2. It is to be noticed that this court had passed an interim order on 19.12.2024 imposing condition that the petitioner was directed to deposit 20% of the outstanding amount within a period of four weeks. Admittedly, the said order has not been complied with. - 3 - HC-KAR NC: 2025:KHC:25824 WP No. 34980 of 2024 3. It is noticed that Annexure-A is only pre-intimation letter. The petitioner is reserved liberty to take appropriate proceedings under Section 17 of the SARFAESI Act as regards any measure of the bank under Section 13 of the SARFAESI Act. 4. Accordingly, the petition is disposed off. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE NP