- 1 - HC-KAR NC: 2025:KHC:52079 WP No. 31548 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 31548 OF 2025 (GM-DRT) BETWEEN: M/S ANAND RATHI GLOBAL FINANCE LIMITED REGISTERED OFFICE: EXPRESS ZONE, A WING, 10TH FLOOR,WESTERN EXPRESS HIGH GOREGAON (EAST) MUMBAI - 400 063 MAHARASHTRA HAVING ITS BRANCH OFFICE AT 4TH FLOOR, BIKANER PINNACLE, NO.1 RHENIUS STREET, OFF RICHMOND ROAD, BANGALORE - 560 025 REPRESENTED BY ITS AUTHORIZED OFFICER MR.KISHU PONNAPPA …PETITIONER (BY SRI.GIRISH B.BALADARE, ADVOCATE) AND: 1. THE CIRCLE INSPECTOR OF POLICE THIRUMALA SHETTYHALLY POLICE STATION THIRUMALA SHETTYHALLI, KORALURU BENGALURU - 560 117 2. M/S PHOENIX CONCRETS NO 75, SURVEY NO 52/1, GROUND FLOOR, KSG RESIDENCY, NEAR RAILWAY GATE, Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52079 WP No. 31548 of 2025 KORALUR, WHITEFIELD BANGALORE - 560 067 3. MR K.ASHOK NO 75, SURVEY NO 52/1, GROUND FLOOR, KSG RESIDENCY, NEAR RAILWAY GATE, KORALUR, WHITEFIELD BANGALORE - 560 067 4. MR K.SHANKAR GOWDA NO 75, SURVEY NO 52/1, GROUND FLOOR, KSG RESIDENCY, NEAR RAILWAY GATE, KORALUR, WHITEFIELD BANGALORE - 560 067 5. MR K.VIJAY KUMAR NO 75, SURVEY NO 52/1, GROUND FLOOR, KSG RESIDENCY, NEAR RAILWAY GATE, KORALUR, WHITEFIELD BANGALORE - 560 067 …RESPONDENTS (BY SMT.NATASHA N. MURTHY, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTIONS TO R1 TO GIVE NECESSARY ASSISTANCE TO THE PETITIONER TO EXECUTE THE ORDER DATED 13.08.2025 IN CRL MISC NO. 987/2025 PASSED BY HONBLE CJM RURAL AT BENGALURU, VIDE ANNEXURE-A AND CONSIDER PETITIONERS REPRESENTATIONS GIVEN THROUGH LETTER DATED 30/09/2025 VIDE ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:52079 WP No. 31548 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE the Petitioner prays that this Hon'ble Court may be pleased to: a. Issue a Writ of mandamus by issuing directions to Respondent No.1 to give necessary assistance to the Petitioner to execute the Order dated 13/08/2025 in Crl.Misc.No.987/2025 passed by Hon'ble CJM Rural At Bengaluru. vide ANNEXURE-A1 and consider Petitioner's representations given through letter dated 30-09-2025 vide ANNEXURE B. b. Grant such other relief as deemed fit to this Hon'ble Court in the facts and circumstances of the case." 2. The petitioner before this Court is a Non-Banking Financial Company. The respondent Nos.2 to 5 herein have obtained loan of sum of Rs.1,03,42,903/-. As there is default in payment of amounts, the loan account was classified as non- performing asset and proceedings were initiated under the SARFAESI Act. The petitioner had issued notice under Section 13(2) of the SARFAESI Act and has taken symbolic possession of secured property and has issued possession notice under Section 13(4) of SARFAESI Act. Thereafter, the petitioner approached the CJM Rural at Bangalore seeking assistance for - 4 - HC-KAR NC: 2025:KHC:52079 WP No. 31548 of 2025 taking physical possession of the secured property vide Crl.Misc.987/2025 and an order was passed on 13.08.2025 and allowed the application. It is stated that the petitioner has requested the respondent No.1 herein by letter dated 30.09.2025 to take necessary action in executing the order passed in Crl.Misc.No.987/2025 dated 13.08.2025. 3. Learned counsel appearing for the petitioner submits that in spite of repeated requests made by the petitioner, respondent No.1 is not providing necessary assistance. 4. Learned Additional Government Advocate appearing for respondent No.1 submits that the petitioner has not approached respondent No.1 and they have sent a representation through post. It is submitted that if they meet the concerned with all the relevant details, necessary action will be taken by respondent No.1. 5. Having heard the learned counsels on either side, perused the entire material on record. In the light of the submissions, this Court is passing the following order: - 5 - HC-KAR NC: 2025:KHC:52079 WP No. 31548 of 2025 ORDER i. The petitioner shall approach respondent No.1 on 16.12.2025 and respondent No.1 shall grant necessary protection in accordance with law. ii. Accordingly, the writ petition is disposed of. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 36