- 1 - HC-KAR NC: 2025:KHC:32808 WP No. 22028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 22028 OF 2025 (GM-RES) BETWEEN: GANGARAJULA VENUGOPAL AGED ABOUT 44 YEARS, S/O THYAGARAJU G, RESIDING AT, NO.158/17, NEW NO. 136, CANARA BANK COLONY, OPP.KARNATAKA BANK, UTTARAHALLI, SUBRAMANYAPURA, BENGALURU-560061. …PETITIONER (BY SRI. VINAYA KEERTHY M.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32808 WP No. 22028 of 2025 AND: HINDUJA HOUSING FINANCE LTD NO.167-169,2ND FLOOR REP BY ITS AUTHORISED OFFICER ANNA SALAI, SAIDAPET, CHENNAI-600015 REG. COMPANY UNDER COMPANIES ACT …RESPONDENT (BY SRI. NARAYANA SWAMY D.,ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 16-03-2023 ISSUED BY THE RESPONDENT (ANNEXURE-A). THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:32808 WP No. 22028 of 2025 ORAL ORDER The question for consideration is: whether this Court must intervene and permit the petitioner, who has availed home loan to pay four EMIs that he has defaulted, and if so, the terms upon which such permission must be. The indisputable facts are that the petitioner is in default of the home loan, and the respondent has initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'SARFAESI Act'], including the proceedings under Section 14 thereof resulting in the order dated 26.08.2023. 2. However, there is some kind of a concession extended with the petitioner paying upto date EMIs with the undertaking that he will not default in paying the EMIs regularly. The petitioner has defaulted in utilizing such concession inasmuch as he has not paid the EMIs every month as and - 4 - HC-KAR NC: 2025:KHC:32808 WP No. 22028 of 2025 when due, but he has paid EMIs for the months of January 2025, May 2025 and June 2025. Crucially, if the petitioner pays a sum of Rs.3,00,000/-, all the EMIs [including the penal charges] would be paid. 3. Mr. Narayana Swamy D, the learned counsel for the respondent on instructions from one of the officers of the respondent [who is present in the Court], submits that the petitioner's conduct disentitles him for any further concession being made by the respondent and he also states that this Court may not extend any concession. This Court has considered the circumstances as also the oft repeated caution against intervening in favour of those who default in repaying the loans when recourse is oft to the provisions under the SARFAESI Act. 4. This Court discerns an exceptional set of circumstances with the respondent essentially relying upon the previously concluded proceedings and the concession that is offered subsequently. The present - 5 - HC-KAR NC: 2025:KHC:32808 WP No. 22028 of 2025 impugned proceedings under the Act are at the nascent stage. Therefore, this Court must make an exception, but observing that the petitioner cannot repeatedly invoke this Court's jurisdiction and also impose a cost of Rs.50,000/- payable to the respondent. Hence, the following: ORDER The petition stands disposed of reserving liberty to the petitioner to pay a sum of Rs.2,99,432/- [the amount towards EMI upto 31.07.2025] and the EMI payable as of 31.08.2025 within two weeks from today directing the respondent to receive the same, but without prejudice to initiate further proceedings, if there is any default in tendering this amount. The petitioner is called upon also to pay a cost of Rs.50,000/-. - 6 - HC-KAR NC: 2025:KHC:32808 WP No. 22028 of 2025 It is needless to observe that if the petitioner does not avail the liberty, he need not pay the cost. RB SD/- (B M SHYAM PRASAD) JUDGE