- 1 - HC-KAR NC: 2025:KHC:35928 WP No. 27491 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27491 OF 2025 (GM-RES) BETWEEN: 1. RAJIV A BHANSALI S/O R AMRUTH LAL BHANSALI AGED 48 YEARS 2. R AMRUTH LAL BHANSALI S/O RIKHABCHAND BHANSALI AGED 78 YEARS 3. SANJAY A BHANSALI S/O R AMRUTH LAL BHANSALI AGED 48 YEARS 4. SMT SAJJAN BAI W/O R AMRUTH LAL BHANSALI AGED 68 YEARS ALL ARE RESIDING AT FLAT NO.3, GROUND FLOOR Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35928 WP No. 27491 of 2025 NO.77, KAVI LAKSHMISHA ROAD (DIAGONAL ROAD) VV PURAM BENGALURU-560004. …PETITIONERS (BY SRI. B RAMESH.,ADVOCATE) AND: 1. UDAYA SOUHARDHA CREDIT CO OPERATIVE LTD HANUMANTH NAGAR BENGALURU-560019 REP BY ITS AUTHORISED OFFICER SREEKANTHA G (REGISTERED UNDER SARFASI ACT). 2. DARSHAN R S/O NOT KNOW AGED 38 YEARS R/AT NO.823, MADAIAH ROAD, BANGARPET KOLAR DISTRICT-563114. …RESPONDENTS (BY SRI.SUYOG HERELE., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY - 3 - HC-KAR NC: 2025:KHC:35928 WP No. 27491 of 2025 QUASHING THE ORDER DATED 06.08.2025 PASSED IN CRIMINAL MISCELLANEOUS NO.2118/2025 BY THE XXXVII ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU PURSUANT TO THE PROCEEDINGS INITIATED BY THE 1ST RESPONDENT BANK AS PER SECTION 14 SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 WHICH IS PRODUCED AND MARKED AS ANNEXURE - G. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are the tenants of a property that is secured with the first respondent who has initiated proceedings under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] to recover possession and there is also an order in such proceedings on - 4 - HC-KAR NC: 2025:KHC:35928 WP No. 27491 of 2025 05.08.2025. Sri B. Ramesh, the learned counsel for the petitioners, submits that [a] the petitioners are in possession of the secured asset [b] the first petitioner, though aged 48 years, has suffered loss of both kidneys and is on dialysis [c] the other petitioners are his parents and his younger brother [d] the petitioners will voluntarily hand over vacant possession if three months period is granted [e] the petitioners do not even propose to avail their remedy under Section 17[4A] of the SARFAESI Act. Sri Suyog, the learned counsel who is on caveat for the first respondent, submits that the petitioners rely upon a Certificate issued a year back to gain sympathies and there would be protraction if any time is granted. The petitioners' request is considered in the light of the circumstances set forth to opine that if indeed one of the petitioners has a serious condition and they need reasonable time to vacate. This Court concludes that there must be limited - 5 - HC-KAR NC: 2025:KHC:35928 WP No. 27491 of 2025 intervention in these circumstances under Article 226 of the Constitution of India especially with the petitioners being categorical that they would not seek any adjudication even under Section 17[4A] of the SARFAESI Act or extension of time. As such, the following: ORDER The petitioner stands disposed of calling upon the respondents to defer taking actual possession of the subject property until 30.11.2025 and it is needless to observe that if there is any default by the petitioners or violation of the undertaking to this Court, the respondents will be at liberty to take possession, as is permissible in law. Sd/- (B M SHYAM PRASAD) JUDGE NV