- 1 - HC-KAR NC: 2025:KHC:30824 WP No. 23735 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23735 OF 2025 (GM-RES) BETWEEN: 1. SRI. LAKSHMI VINAYAKA GRAPHICS A REGISTERED PARTNERSHIP FIRM OFFICE AT NO. 100/3, 10TH MAIN ROAD, HONGASANDRA VILLAGE. BEGUR HOBLI BANGALORE 560068 REPRESENTED BY ITS PARTNERS 2. SMT.SUMATHI SELVARAJ AGED ABOUT 54 YEARS W/O. SRI SELVARAJ. T 3. SRI. SELVARAJ. T AGED ABOUT 59 YEARS S/O. THIRUVENKADAM. R. V. 4. SRI. KULASEKARAN. S AGED ABOUT 34 YEARS S/O. SRI. SELVARAJ. T ALL RESIDING AT NO 13/2, 2ND CROSS, 1 MAIN ROAD. OPP NEW CHRIST SCHOOL ROAD, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30824 WP No. 23735 of 2025 OLD MADIWALA, BENGALURU, 560 068. …PETITIONERS (BY SRI. PRABHAKAR L SHETTY., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER/ CLUSTER MANAGER-LEGAL MIDHUN CHANDRASHEKAR BAJAJ FINANCE LTD., 8TH FLOOR, PRESTIGE TOWERS RESIDENCY ROAD BANGALORE -560025 2. BAJAJ FINANCE LTD HAVING BRACH OFFICE AT 8TH FLOOR, PRESTIGE TOWERS RESIDENCY ROAD BANGALORE-560025 REG- UNDER COMPANY ACT 3. BAJAJ FINANCE LTD, REGISTERED HEAD OFFICE AT MUMBAI, PUNE ROAD, AKURDI, PUNE-411 035. REG- UNDER COMPANY ACT CORPORATE OFFICE AT 4TH FLOOR, BAJAJ FINSERV, CORPORATE OFFICE, OFF PUNE, AHMEDNAGAR ROAD, VIMAN NAGAR, PUNE-411 014 …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:30824 WP No. 23735 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.05.2025 IN CRI. MISC. NO.2334 OF 2025 ON THE FILE OF THE IX AT BENGALURU VIDE ADDITIONAL CHIEF JUDICIAL MAGISTRATE ANNEXURE-A AND VACATE NOTICE DATED 03.06.2025 UNDER SECTION 14 OF SARFAESI ACT 2002 ISSUED BY THE RESPONDENTS VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners, admittedly, are borrowers who are in default which has resulted in the proceedings under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act']. The petitioners have called in question the order dated 07.05.2025 in Crl.Misc.No.2334/2025 on the file of the IX Additional Chief Judicial Magistrate, Bengaluru. The - 4 - HC-KAR NC: 2025:KHC:30824 WP No. 23735 of 2025 learned Magistrate has appointed a learned member of the Bar as the Court Commissioner to take possession with the assistance of the Jurisdictional Police. Mr. Prabhakar L. Shetty, the learned counsel for the petitioners, submits that the petitioners are bonafide and they are willing to pay all the amounts necessary to regularise the loan and they are also willing to pay EMIs without default. Crucially, the learned counsel for the petitioners admits that possession of the property has been taken pursuant to the impugned order. This Court is of the view that the petitioners have not made out any extraordinary circumstance for this Court to exercise jurisdiction under Article 226 of the Constitution of India and hence, the petition stands disposed of with just liberties to the petitioners to avail remedy under the SARFAESI Act. The Registry is directed to return the certified copies - 5 - HC-KAR NC: 2025:KHC:30824 WP No. 23735 of 2025 of the annexures upon the learned counsel for the petitioners furnishing photocopies thereof. Sd/- (B M SHYAM PRASAD) JUDGE RB