- 1 - HC-KAR NC: 2025:KHC:45072 WP No. 15147 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15147 OF 2025 (GM-DRT) BETWEEN: 1. SRI MOHAN K @ K MOHAN, S/O. S.KRISHNAPPA, AGED ABOUT 58 YEARS, PROPRIETOR, SAI MANJUNATHA ENTERPRISES R/AT- NO.344, 8TH 'A' CROSS TRIVENI ROAD, YESHWANTHPUR BENGALURU – 560 022. 2. SMT. H.S. DEEPTHI MOHAN, @ DEEPTHI MOHAN, W/O MOHAN K. @ K. MOHAN, AGED ABOUT 45 YEARS, R/AT: NO.344, 8TH 'A' CROSS, TRIVENI ROAD, YESHWANTHPUR, BENGALURU – 560 022. …PETITIONERS (BY SRI. LEELADHAR H P, ADVOCATE) AND: 1. M/S. SAMMAAN CAPITAL LIMITED (FORMERLY KNOWN AS M/S. INDIA BULLS HOUSING FINANCE LTD). (HOUSING FINANCE CO. LTD.) REGISTERED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT F-60, MALHOTRA BUILDING, CANNAUGHT PLACE, NEW DELHI - 110 001. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45072 WP No. 15147 of 2025 BRANCH OFFICE AT: NO. 87/6. RICHMOND ROAD RICHMOND TOWER BENGALURU - 560 025. EARLIER REPRESENTED BY SIR. YATISH KUMAR B. T. NOW SRI HARIPRASAD BRANCH MANAGER 2. SRI. VINOD KUMAR FATHER'S NAME NOT KNOWN TO THE PETITIONER MAJOR IN AGE MANAGER/AUTHORISED OFFICER M/S. INDIA BULLS HOUSING FINANCE LTD. HAVING ITS BRANCH OFFICE AT NO. 87/6, RICHMOND ROAD RICHMOND TOWER, BENGALURU - 560 025. …RESPONDENTS (BY SRI. PRUTHA BHARATHI, ADVOCATE FOR R1 & R2) (VK FILED R1 ONLY) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DT.04.03.2024 ISSUED BY THE RESPONDENT NO.2 UNDER THE PROVISIONS OF SECTION 13(A) OF THE SAFFAESI ACT, 2002 CLAIMING TO BE TAKING POSSESSION OF THE SCHEDULE PROPERTY BY ISSUING POSSESSION NOTICE ISSUED UNDER SECTION 13(8) OF THE ACT UNDER ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:45072 WP No. 15147 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, the petitioners above named humbly prays that the Hon’ble Court be pleased to call for the entire records pertaining to the loan account No.HHLB GM 00494229 of respondent No.2 under Annexure-A and :- a. Issue writ of certiorari or order or direction in the form of Writ, Quash the possession Notice dt: 04.03.2024 issued by respondent No.2 under the provisions of Section 13(A) of the SARFAESI Act, 2002 claiming to be taking possession of the schedule property by issuing possession notice issued under Section 13(8) of the Act. Under Annexure-A in the ends of justice. b. Issue writ of mandamus or order or direction in the form of Writ, Direct the respondent Finance Company to receive the entire amount, in terms of liberty granted by this Hon’ble Court in W.P.No.13929/2024 dated 12.12.2024 under Annexure-C. c. Issue writ of order or direction in the form of writ to grant alternative leave to the petitioners to deposit the entire amount with this Hon’ble Court since the respondent company failed to receive the amount in the above case in the ends of justice. d. Issue writ of order or direction in the form of writ to Direct the respondent company to close the loan account and handover the original title deeds/documents pertaining to the schedule property, to the petitioners. e. Pass such other orders which this Hon’ble Court deems fit and proper under the circumstances stated above, in the interest of justice.” 2. The facts of the case as stated in the writ petition are that the respondent had issued the possession notice dated - 4 - HC-KAR NC: 2025:KHC:45072 WP No. 15147 of 2025 04.03.2024 under Section 13(A) of the SARFAESI Act, for taking possession of the schedule property. The outstanding amount as per the notice is an amount of Rs.94,06,541.51/-. Earlier, the petitioners have approached this Court by filing WP.No.13929/2024 and a Co-ordinate Bench of this Court had granted an interim order directing the parties to maintain status quo by order dated 07.06.2024 in respect of the schedule property. Finally, the said writ petition was disposed of on 12.12.2024 reserving the liberty to the petitioners to approach the respondent/bank to close the loan and directed the respondent/bank to release all original title deeds once the amount is paid. 3. It is stated that in pursuance of the said order, the petitioners approached the respondent/bank to deposit the entire amount, but the respondent/bank failed to receive the same and as such the petitioners have issued notice to the respondent on 20.03.2025 and the same has been delivered. The respondent/bank had replied on 28.03.2025. Again the petitioners have issued a rejoinder on 09.04.2025, bringing to the notice of the respondent/bank about the petitioners’ - 5 - HC-KAR NC: 2025:KHC:45072 WP No. 15147 of 2025 intention to make payment of the entire amount as demanded and the company refused to receive the amount. It is stated that without receiving the amount, the respondent/bank had issued a notice directing the petitioners to pay an amount of Rs.1,04,67,690.13/- and another notice dated 23.12.2024 demanding an amount of Rs.1,09,11,583.98/-. It is stated that the respondent/bank is following unfair practices of calling the petitioners frequently on mobile, visiting the petitioners without any time restriction beyond working hours, that too at odd hours, sending persons claiming themselves to be the company recovery team and recovery agents. Hence, the petitioners are before this Court. 4. When this matter came up on the last occasion, the learned counsel appearing for the petitioners submitted that he is ready to pay the entire amount. 5. The respondents have filed their statement of objections and also the statement of accounts. It is stated that the writ petition is not maintainable as they have filed an earlier writ petition questioning the notice that is issued under Section 13(4) of the SARFAESI Act. It is stated that the - 6 - HC-KAR NC: 2025:KHC:45072 WP No. 15147 of 2025 petitioners are offering to pay an amount of Rs.94,06,541.51/- which was outstanding as on the date of the possession notice dated 04.03.2024 by misrepresenting that the petitioners have undertaken to pay the demand notice amount only. Since the petitioners’ offer is to pay less than the present outstanding due and payable, the proposal of the petitioner was rightly declined by the respondent. It is stated that the petitioners have to pay the entire outstanding amount as on the date of the closure of the loan account. It is further stated that the petitioners have continued to default in repayment even after issuance of possession notice, EMI dues, interest rate and other charges as agreed in the loan agreement have been added to the petitioners’ loan account. As on the date of the filing of the present statement of objections, the total outstanding amount is Rs.1,19,53,894/-. It is further stated that, conduct of the petitioners, establishes his malafide intentions in filing the present writ petition. 6. Having heard the learned counsels on either side, perused the material on record. The petitioners have earlier filed a writ petition questioning the notice that is issued under - 7 - HC-KAR NC: 2025:KHC:45072 WP No. 15147 of 2025 Section 13(4) of the SARFAESI Act. Initially an order of status quo was granted. Later, the said writ petition was disposed of on 12.12.2024 by giving liberty to the petitioners to settle by paying the amounts and also directing the bank, if the amounts are paid to release the title deeds. According to the petitioners, as per the demand notice he is ready to pay. In that regard he has issued a notice. According to the respondents, the demand notice is issued on 04.03.2024. They cannot accept the settlement on payment of an outstanding amount as on the date of the notice and the petitioners have to pay the amount as on the date the amounts are paid whatever is the outstanding. This Court finds force in the argument of the learned counsel appearing for the respondent/bank. The Court has never directed the bank to accept a particular amount. The Court only granted the permission to the petitioners to pay the outstanding amount and the direction to the bank that if the outstanding amount is paid, to release the documents. The petitioners cannot dictate terms to the bank that he would pay a particular amount and he cannot pay the amount as it was outstanding on the date of the possession notice issued under Section 13(4) of the Act. That apart, when he had filed the writ - 8 - HC-KAR NC: 2025:KHC:45072 WP No. 15147 of 2025 petition questioning notice under Section 13(4) of the SARFAESI Act, that writ petition was disposed of. The petitioners cannot file a writ petition again questioning the very same notice under Section 13(4) of the SARFAESI Act, for whatsoever the reason. It is the submission of the learned counsel for the petitioners that he is seeking implementation of the earlier orders passed in the earlier writ petition. On these two counts the present writ petition is not maintainable. In the first writ petition as he had already questioned the proceedings under Section 13(4) of the SARFAESI Act, the second writ petition is not maintainable. If he wants compliance of the earlier orders of the Court, the remedy is not filing the separate writ petition. On these grounds, this Court is not inclined to entertain this writ petition. If the petitioners are ready to pay the outstanding amount as on the date when he is settling the matter, the bank has no objections. Hence, even on that count also no orders are required to be passed by this Court. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. - 9 - HC-KAR NC: 2025:KHC:45072 WP No. 15147 of 2025 ii. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 5 Sl No.: 16