- 1 - HC-KAR NC: 2025:KHC:32180 WP No. 15825 of 2025 C/W WP No. 28323 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 15825 OF 2025 (GM-RES) C/W WRIT PETITION NO. 28323 OF 2024 (GM-DRT) IN WP No. 15825/2025 BETWEEN: 1. MR. VINOD T.D., S/O DORAISWAMY T.R., AGED ABOUT 41 YEARS, 2. MRS. S.HEMALATHA W/O VINOD T.D., AGED ABOUT 33 YEARS, BOTH ARE RESIDING AT: 284, 7TH CROSS, SANJAY NAGAR, MARATHALLI COLONY MARATHALLI, OPP.BRAND FACTORY, BENGALURU-560037. …PETITIONERS (BY SRI. SUNIL S.NARAYAN, ADVOCATE) AND: M/S. JANA SMALL FINANCE BANK LTD., Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32180 WP No. 15825 of 2025 C/W WP No. 28323 of 2024 (INCORPORATED UNDER COMPANIES ACT) THE FAIRWAY GROUND AND FIRST FLOOR, SURVEY NO.10/1, 11/2 AND 12/2B, OFF DOMLUR, KORAMANGALA INNER RING ROAD, NEXT TO EGL BUSINESS PARK, CHALLAGHATTA, BENGALURU-560071. REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENT (BY SRI. SURESH V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) QUASH /SET ASIDE THE IMPUGNED POSSESSION NOTICE DATED 27.05.2025 ISSUED BY THE RESPONDENT AT ANNEXURE-L AND NOT TO TAKE ANY FURTHER ACTION AGAINST THE PETITIONERS AND SCHEDULE PROPERTY. (II) QUASH/SET ASIDE THE IMPUGNED DEMAND NOTICE DATED 11.03.2025 BEARING NO. JSFBL/13(2)/AHL/MAR/24-25 ISSUED BY THE RESPONDENT AT ANNEXURE-J. IN WP NO. 28323/2024 BETWEEN: 1. MR. VINOD T.D., S/O DORAISWAMY T.R., AGED ABOUT 41 YEARS, 2. MRS. S.HEMALATHA W/O VINOD T.D., AGED ABOUT 32 YEARS, BOTH ARE RESIDING AT: 284, 7TH CROSS, SANJAY NAGAR, MARATHALLI COLONY MARATHALLI, OPP.BRAND FACTORY, - 3 - HC-KAR NC: 2025:KHC:32180 WP No. 15825 of 2025 C/W WP No. 28323 of 2024 BENGALURU-560037. ...PETITIONERS (BY SRI. KAVITHA D., ADVOCATE) AND: M/S. JANA SMALL FINANCE BANK LTD., (INCORPORATED UNDER COMPANYIES ACT) THE FAIRWAY, GROUND AND FIRST FLOOR, SURVEY NO.10/1, 11/2 AND 12/2B, OFF DOMLUR, KORAMANGALA INNER RING ROAD, NEXT TO EGL BUSINESS PARK, CHALLAGHATTA, BENGALURU-560071. REPRESENTED BY ITS AUTHORIZED OFFICER. ...RESPONDENT (BY SRI. SURESH V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) QUASH THE ORDER DATED 17.10.2024 PASSED BY THE HON'BLE DEBT RECOVERY TRIBUNAL IN SA.NO. 376/2024 VIDE ANNEXURE-N AND DECLARING THAT THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL AND IN VIOLATION OF THE PAYMENT AND SETTLEMENT SYSTEMS ACT, 2007 AND THE SARFAESI ACT, 2002. (B) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT BANK, RE- DELIVER THE PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY WHICH WAS TEKEN ON 17.10.2024 BY THE RESPONDENT BANK AND NOT TO TAKE ANY FURTHER ACTION AGAINST THE PETITIONERS AND THEIR SCHEDULE PROPERTY. (C) ISSUE WRIT OF MANDAMUS TO THE RESPONDENT BANK TO ACCEPT THE PETITIONERS REPRESENTATION DATED 29.04.2024 VIDE ANNEXURE- TO GRANT A MORATORIUM TIME OF - 4 - HC-KAR NC: 2025:KHC:32180 WP No. 15825 of 2025 C/W WP No. 28323 of 2024 THREE MONTHS TO CLEAR THE OVERDUE BALANCES AND REGULARIZE THE LOAN ACCOUNTS IMMEDIATELY PROVIDED THE RESPONDENT BANK REVERSES THE IRRELEVANT CHARGES / TOP UP LOAN APPLIED TO THE LOAN ACCOUNTS. THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER These petitions are filed by a common petitioner as against the initiation of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, "the SARFAESI Act"]. If the petition in W.P.No.15825/2025 is as against the Possession Certificate, the petition in W.P. No.28323/2024 is for direction to deliver possession of the property. This Court in W.P.No.28323/2024 has granted interim order on 22.10.2024 directing the Bank to re-deliver possession subject to the petitioners depositing a sum of Rs.8,14,000/-. It is now brought - 5 - HC-KAR NC: 2025:KHC:32180 WP No. 15825 of 2025 C/W WP No. 28323 of 2024 on record that the petitioners have deposited this amount and possession is delivered to the petitioner, but no further amount is paid and that the petitioner's application under Section 17 of the SARFAESI Act is also pending. This Court must opine that the petition in W.P. No.28323/2024 is rendered infructuous with the interim order, and insofar as the other petition in W.P.No.15825/2025, it must be disposed of with liberty to the respondent - Bank - to take possession subject to the decision in the pending application with the Debt Recovery Tribunal under Section 17 of the SARFAESI Act. The petitions stand disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB