- 1 - HC-KAR NC: 2025:KHC-D:15169 WP No. 100538 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100538 OF 2024 (GM-RES) BETWEEN: 1. SRI. YALLAPPA RANGAPPA KILLIKETAR S/O. RANGAPPA KILLIKETAR AGE: 51 YEARS, OCC: AGRICULTURE, 2. SMT. PARAVVA YALLAPPA KILLIKETAR W/O YALLAPPA KILLIKETAR, AGE: 45 YEARS, OCC. HOUSEHOLD WORKS, BOTH ARE RESIDING AT G.P.NO.16/A, AT GOTAGODI GRAM PANCHAYATH, VANAHALLI, TQ. SHIGGAON, DIST. HAVERI 581205. …PETITIONERS (BY SRI. HARSHAWARDHAN M PATIL, AND SRI. M.H. PATIL, ADVOCATES) AND: 1. MANAPPUEAM HOME FINANCE LTD. MAHOFIN CORPORATE OFFICE AT UNIT NO. 301, A WING, 3RD FLOOR, KANAKIA WALL STREET, ANDHERI, KURLA ROAD, ANDHERI EAST MUMBAI 400093 REGD. OFFICE AT IV/470A(OLD) W/638A(NEW), 5TH FLOOR, KALLUR BUILDING, NEAR CANARA HOTEL, HOSURU CROSS, HUBBALLI, DHARWAD, PIN-580021. REPRESENTED BY ITS AUTHORIZED OFFICER SRI. SHANTESH B. MAYI, AGE: 44 YEARS. 2. SMT. RENUKA SHAMBU KILLIKETAR VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.11.07 11:53:39 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15169 WP No. 100538 of 2024 W/O. SHAMBU YALLAPPA KILLIKTAR, AGE: 25 YEARS, OCC: HOUSE HOLD WORKS, R/O. G P NO. 16/A, AT GOTAGODI GRAM PANCHAYATH, VANAHALLI, TQ: SHIGGAON, DIST: HAVERI 581205. 3. MAX LIFE INSURANCE COMPANY LIMITED REGD. OFFICE AT 419, BHAJ MOHANSINGH NAGAR, RAIL MAJRA, TEHSIL BALACHUR DISTRICT NAWANSHAR PUNJAB-144533. REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENTS (BY SRI.P.R. BENTUR, ADVOCATE FOR R3; R1 IS SERVED; R2 - NOTICE IS DEPSNSE WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: A) ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER PASSED IN CRL. MISC. NO. 56/2023 DATED. 07/10/2023 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM HAVRI VIDE ANNEXURE-G. B) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT BANK TO RECOVER THE LOAN AMOUNT FROM THE MAX LIFE INSURANCE COMPANY AS THAT SAID LOAN AMOUNT IS COVERED UNDER THEM. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: A. Issue Writ in the nature of Certiorari quashing the order passed in crl. Misc. No.56/2023 dated. 07/10/2023 by the Principal Senior Civil Judge and CJM, Haveri vide ANNEXURE-G. - 3 - HC-KAR NC: 2025:KHC-D:15169 WP No. 100538 of 2024 B. Issue a Writ in the nature of Mandamus directing the respondent bank to recover the loan amount from the Max life Insurance Company as that said loan amount is covered under them. C. Pass any other order or orders deemed fit and proper in the interest of justice and equity. 2. Heard Shri H.M. Patil, learned counsel appearing for the petitioner and the learned counsel Shri P.R. Bentur appearing for respondent No.3. 3. The petitioner had availed a loan of ₹.4,00,000/- from the hands of Manapuram Home Finance Limited (“Manapuram Finance” for short). It transpires that while granting housing loan, the insurance over the said loan amount was also deducted at ₹.5,337/-. The loan was disbursed on 09.03.2022. On 27.03.2022, the person who had availed the loan dies due to a snake bite. The equal monthly instalments towards the loan were not paid and therefore, Manapuram Finance took the recourse to proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act” for short). The concerned learned Magistrate passes an order on - 4 - HC-KAR NC: 2025:KHC-D:15169 WP No. 100538 of 2024 07.10.2023 under Section 14 to take possession of the property of the petitioner. It is then, the petitioners are before this Court in the subject petition. 4. Learned counsel Shri Harshawardhan M.Patil submits that the Manapuram Finance which had deducted the amount towards insurance ought to have collected insurance from respondent No.3. That not having been done, Manapuram Finance could not have proceeded against the petitioners by invoking the provisions of the SARFAESI Act. 5. Manapuram Finance though served has remained unrepresented. Therefore, the petitioners and the counsel appearing for the insurance company are heard. 6. In light of the aforesaid circumstance the only order that can now be passed is that Manapuram Finance, having not availed of the insurance from the hands of the insurance company, which loan was insured at the time of grant on 24.02.2022, cannot without doing so now initiate proceedings under the SARFAESI Act. - 5 - HC-KAR NC: 2025:KHC-D:15169 WP No. 100538 of 2024 7. In that light, the petition deserves to succeed leaving open to Manapuram Finance to avail of the remedy available in law, bearing in mind the observations made in the course of the order. 8. For the aforesaid reason, the following: ORDER (i) The petition stands allowed. (ii) The order passed in Crl. Misc. No.56/2023, dated 07.10.2023 by the Prl. Senior civil Judge and CJM, Haveri, vide Annexure-G stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE VNP / CT: ANB List No.: 1 Sl No.: 9