Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30110 WP No. 18988 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18988 OF 2025 (GM-RES)
BETWEEN:
1. SMT. MANJULA L., W/O NAGARAJU.P.. GED ABOUT 43 YEARS, PROP. OF M/S VENKATESHWARA HOTEL, NO. 140, KODIPALYA, HEMMIGEPURA, KENGERI, BANGALORE-560060. AND ALSO
M/S VENKATESWARA HOTEL, NO.12, C.V.RAMAN ROAD, KODIPALYA, HEMMIGEPURA, KENGERI, BANGALORE-560060. AND ALSO
NO.76/16, NEW KATHA NO. 76/23, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560060. 2. SRI. NAGARAJU, S/O PUTTASWAMAIAH AGED ABOUT 50 YEARS, NO. 140, KODIPALYA, HEMMIGEPURA, KENGERI, BANGALORE-560060. Digitally signed by VANAMALA N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:30110 WP No. 18988 of 2025
AND ALSO
NO.76/16, NEW KATHA NO. 76/23, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560060. …PETITIONERS (BY SRI. RAMESHA B M.,ADVOCATE)
AND:
JANA SMALL FINANCE BANK LTD HAVING ITS REGISTERED OFFICE AT THE FAIRWAY, GROUND AND FIRST FLOOR, SURVEY NO. 10/1, 11/2 AND 12/2B, OFF DOMMALUR, KORAMANGALA INNER RING ROAD, NEXT TO EGL BUSINESS PARK, CHALLAGHATTA, BANGALORE-560071,
REGIONAL BRANCH OFFICE AT DIVYASREE CHAMBERS NO. 11, O SHAUGHNESSY ROAD, 5TH FLOOR, A WING OFF LANGFORD ROAD, SHANTHINAGAR, BENGALURU-560025. REPRESENTED BY ITS SENIOR MANAGER AND AUTHORIZED OFFICER MRS SYED YASEEN TAJ RANA. …RESPONDENT (BY SRI.V. SURESH., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE POSSESSION ORDER DATED 8.04.2025
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HC-KAR NC: 2025:KHC:30110 WP No. 18988 of 2025
MADE IN C MISC NO. 1812/2024 ISSUED BY THE HONBLE CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL VIDE ANX-F.
THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioners are borrowers and they are aggrieved by the impugned orders under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, the 'SARFAESI Act']. It is now stated on instructions by the learned Counsel for the respondent/Secured Creditor that the petitioners have regularized the loan and therefore the keys to the subject property will be handed over to the petitioners at the earliest.
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HC-KAR NC: 2025:KHC:30110 WP No. 18988 of 2025
Taking this submission on record, the petition is allowed directing the respondent to handover the keys to the petitioners, without waiting for a certified copy of this order, on 06.08.2025. It is needless to observe that if there is a default, the Respondent will be at liberty to initiate permitted proceedings under the 'SARFEASI ACT'. Sd/- (B M SHYAM PRASAD) JUDGE
NV