- 1 - HC-KAR NC: 2025:KHC:54765 WP No. 37321 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 37321 OF 2025 (GM-DRT) BETWEEN: MR. PRAMOD KUMAR S/O. MR. SHIVNANDAN PRASAD SINGH, AGED ABOUT 62 YEARS, RESIDING AT FLAT NO. 601, 6TH FLOOR, BLOCK-1, WING-B, SUNCITY GLORIA, SARJAPURA MAIN ROAD, OPP. DECATHLON, CARMLEARAM, BENGALURU-560 035 PH 91 883 090 8993 EMAIL ID- RAJESHLIVE@GMAIL.COM …PETITIONER (BY SRI. ANUPAM AGARWAL, ADVOCATE) AND: 1. PIRAMAL FINANCE LIMITED REPRESENTED BY ITS BRANCH MANAGER HAVING REGISTERED OFFICE AT 601, 6TH FLOOR, AMITI BUILDING, AGASTYA CORPORATE PARK, KAMANI JUNCTION, OPP. FIRE STATION, LBS MARG, KURLA (W) MUMBAI MH-400 070 2. DR. T.V.S.R.K.V. PRASAD AGED ABOUT 58 YEARS, S/O T. VENKATRAMAIAH, RESIDING AT PADMAVATHI NAGARS PILER, CHITTOOR DISTRICT-517214 (A.P.) Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54765 WP No. 37321 of 2025 3. M/S. N.D. DEVELOPERS (P) LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS MANAGING DIRECTOR ADDRESS NO. 398, 1ST FLOOR, 7TH CROSS, MICO LAYOUT, BTM 2ND STAGE, BANGALORE- 560 076 4. M/S. SUVASTU ESTATES (P) LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING OFFICE AT NO. 49, AMR PLAZA, 18TH MAIN, HSR LAYOUT 3RD SECTOR, BANGALORE- 560102 REPRESENTED BY ITS MANAGING DIRECTOR MR. M. ARJUN KUMAR 5. MR./MRS. RAMESH ANGADI AGED MAJOR, S/O. NOT KNOWN, HAVING ADDRESS AT FLAT NO. A-208, SECOND FLOOR, A BLOCK, OAK LEAF, CHAMBENEHALLI VILLAGE, SARJAPURA HOBLL, BANGALORE KARNATAKA 562125 PH 18002666444 EMAIL ID CUSTOMERCARE@PIRAMAL.COM …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ORDER DATED 07.11.2025 PASSED BY THE HONBLE CJM COURT, BENGALURU AND THE POSSESSION NOTICE DATED 03.12.2025 OF THE RESPONDENT NO. 1 AS DETAILED VIDE ANNEXURE-A INSOFAR AS THEY PURPORT TO ENABLE RESPONDENT NO. 1 TO TAKE PHYSICAL POSSESSION OR INITIATE SALE PROCEEDINGS IN RESPECT OF THE PETITIONER PROPERTY. - 3 - HC-KAR NC: 2025:KHC:54765 WP No. 37321 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: a) Issue a writ of Certiorari quashing the order dated 07.11.2025 passed by the Hon'ble CJM Court, Bengaluru and the possession notice dated 03.12.2025 of the Respondent No. 1 as detailed vide Annexure-A insofar as they purport to enable Respondent No. 1 to take physical possession or initiate sale proceedings in respect of the PETITIONER' property. b) Issue a writ of Mandamus directing Respondent No. 1 to forthwith discharge the PETITIONER' property from all recovery, enforcement, or possession proceedings arising out of the loan allegedly availed by Respondent No. 5, and to recognize the PETITIONER' lawful and bona fide ownership. Annexure A c) Declare that the PETITIONER are bona fide purchasers for valuable consideration and are entitled to peaceful possession and enjoyment of the Schedule Property free from interference by any of the Respondents. d) Pass such other order(s) as this Hon'ble Court may deem fit, proper, and necessary in the interests of justice and equity. 2. Learned counsel appearing for the petitioner submits that he had purchased the property though registered sale deed dated 10.06.2016. The petitioner has not borrowed the loan from Piramal Finance Limited, but the RespondentNo.1/Piramal Finance Limited has issued possession - 4 - HC-KAR NC: 2025:KHC:54765 WP No. 37321 of 2025 notice dated 03.12.2025 against the petitioner under Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) directing the occupants to vacate the premises. It is submitted that respondent No.1/Bank has no right over the scheduled property. The petitioner is the absolute owner of the property and they have no transactions with the R-1/Bank. It is submitted that this action of the respondent No.1/Bank is illegal and the same is to be interfered by this court. Learned counsel for the petitioner submits that he is neither a borrower from the respondent-bank nor he is a guarantor and they have purchased the property on 10.06.2016 and they are in possession of the property. 3. Learned counsel for the R-1/Bank submits that they have sanctioned the loan and as the said property is mortgaged by the borrower, as there was a default, the Bank has taken action under SARFAESI Act. It is submitted that the remedy of the petitioner is not before this court and he has to go before the appropriate court. - 5 - HC-KAR NC: 2025:KHC:54765 WP No. 37321 of 2025 4. Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the fact that the property is purchased by the petitioner through registered sale deed dated 10.06.2016 and they are in peaceful possession of the property. As there was default in paying loans, the Respondent No.1/Piramal Finance Limited has initiated the proceedings under SARFAESI Act. It is submitted that the bank has no right over the property and his sale deed is the first sale deed and EC does not reflect the same. In the light of the disputes between the parties, petitioner either has to seek the declaration of the title and injunction or he has to go before the DRT and this court exercising the jurisdiction under article 226 of Constitution of India cannot go into all these aspects. 5. Accordingly, this court is passing the following: ORDER i. The petitioner is at liberty to avail the appropriate remedy within a period of four weeks from date of receipt of the copy of the order. Till such time, the - 6 - HC-KAR NC: 2025:KHC:54765 WP No. 37321 of 2025 Respondent No.1/Bank shall not take any coercive steps. ii. The writ petition is disposed off. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 0