Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40074 WP No. 28610 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28610 OF 2025 (GM-RES) BETWEEN:
1.
MR. SALMAN PASHA, S/O MD. SHAFIULLA, AGED ABOUT 34 YEARS.
2.
MR. IRFAN PASHA, S/O MD. SHAFIULLA, AGED ABOUT 38 YEARS.
3.
MR. IMRAN PASHA, S/O MD. SHAFIULLA, AGED ABOUT 41 YEARS.
4.
MR. FARHAN PASHA, S/O MD. SHAFIULLA, AGED ABOUT 31 YEARS.
5.
MRS. KHAMAR TAJ, W/O MD. SHAFIULLA, AGED ABOUT 56 YEARS.
6.
MR. MOHAMMED SHAFIULLA, S/O ABDUL RAZAQ, AGED ABOUT 60 YEARS.
ALL PETITIONERS R/O NO. 113/6, 2ND FLOOR, NARSAPPA COMPOUND, NEAR YALLAMMA TEMPLE, OLD MADIWALA, BANGALORE - 560068. …PETITIONERS (BY SRI KALEEMULLA SHARIFF, ADVOCATE FOR SMT. RESHMA KHANUM, ADVOCATE [P/H])
AND:
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:40074 WP No. 28610 of 2025
1.
M/S SHRIRAM FINANCE LIMITED, NBFC HAVING ITS REGISTERED OFFICE AT SRI TOWERS, PLOT NO. 14/A, SOUTH PHASE, INDUSTRIAL ESTATE, GUINDY, CHENNAI-600032.
2.
M/S SHRIRAM FINANCE LIMITED, NBFC HAVING ITS BRANCH OFFICE AT NO. 194, 1ST FLOOR, 7TH CROSS, CMH ROAD, 1ST STAGE, INDIRANAGAR, ABOVE CITY UNION BANK, BANGALORE - 560 038.
DESIGNATION:- AUTHORISED OFFICER
3.
M/S SHRIRAM FINANCE LIMITED, THE AUTHORISED OFFICER, WOCKHARDT TOWERS, LEVEL - 1, EAST WING, C-2, G BLOCK, BANRDRA - KURLA COMPLEX, BANDRA (E), MUMBAI-400 051. …RESPONDENTS (BY SRI K.V LOKESH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS BE PLEASED TO A) TO QUASH THE DEMAND NOTICE ISSUED BY R-2 OFFICER, REF NO. DN/13(2)/BANNCLP2303020002/FEB/2025 DATED 10/02/2025 AT ANNEXURE-F, NOTICE ISSUED BY R-2 AUTHORISED OFFICER DATED 06/05/2025 AT ANNEXURE-G STATING TAKING OVER OF SYMBOLIC POSSESSION AND NOTICE ISSUED BY R-2 AUTHORISED OFFICER DATED 01/09/2025 FOR SALE OF THE MORTGAGED PROPERTY AT ANNEXURE M, BY ISSUING A WRIT OF CERTIORARI ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Sri.K.V.Lokesh,
learned counsel accepts notice for respondents.
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HC-KAR NC: 2025:KHC:40074 WP No. 28610 of 2025
2. The petitioners are before this Court seeking for the following reliefs; a. "To quash the demand notice issued by R-2 Authorized Officer, Ref No. DN/13(2)/BANNCLP 2303020002/FEB/2025 dated 10/02/2025 at Annexure-F, notice issued by r-2 Authorized Officer dated 06/05/2025 at Annexure-G stating taking over of symbolic possession & notice issued by R-2 Authorized Officer dated 01/09/2025 for sale of the mortgaged property at Annexure-M, by issuing a writ of certiorari, and
b. To grant such other reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case together with cost, in the interest of justice and equity."
3. A perusal of the said reliefs indicate that the petitioner has an alternative and efficacious remedy before the Debts Recovery Tribunal.
4. Reserving such liberty, the petition stands disposed. Appeal, if filed within six weeks from today, the respondents are restrained from confirming the auction. If appeal is not filed by 14.11.2025, the respondents are free to confirm the auction.
SD/- (SURAJ GOVINDARAJ) JUDGE
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