- 1 - HC-KAR NC: 2025:KHC:31502 WP No. 24152 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24152 OF 2025 (GM-RES) BETWEEN: 1. SRI SYED SHABIBIR PASHA S/O LATE SYED MUSTAFA AGE ABOUT 38 YEARS R/AT WARD NO. 27 MAHABOOBNAGAR SHIDLAGHATTA CHIKKABALAPURA DISTRICT KARNATAKA 562105 2. SMT. RIZWANA W/O SYED SHABIBIR PASHA WARD NO. 27 MAHABOOBNAGAR SHIDLAGHATTA CHIKKABALAPURA DISTRICT KARNATAKA 562105 …PETITIONERS (BY SRI. KALYAN R., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31502 WP No. 24152 of 2025 AND: EQUITAS SMALL FINANCE BANK., AT NO. 3/5 JAVARAPPA COMPLEX ULLAL MAIN ROAD MALLATHAHALLI BENGALURU 560 056 …RESPONDENT (BY SMT. ANUPAMA, ADVOCATE FOR SRI. VIJAY S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.02.2025 IN CRIMINAL MISCELLANEOUS PETITION NO. 71/2024, PASSED BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM AT CHIKKABALLAPURA, AS PER ANNEXURE-A TO THE WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:31502 WP No. 24152 of 2025 ORAL ORDER The petitioners are borrowers who have defaulted in the business loan despite restructuring. The petitioners have called in question the order under Section 14 of the Secularisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'SARFAESI Act'] in Crl. Misc. Petition No.71/2024 on the file of the Principal Senior Civil Judge and CJM Chikkaballapur. 2. Mr. Kalyan R, the learned counsel for the petitioners, though multiple grounds are urged in writing, submits that the petitioners seek this Court's intervention because the respondent has agreed to receive a sum of Rs.3,29,000/- within four weeks to regularize their loan so that the petitioners can continue repaying the loan in terms of the EMI otherwise available, but, given the petitioners' - 4 - HC-KAR NC: 2025:KHC:31502 WP No. 24152 of 2025 circumstances, the petitioners’ request would be for ten weeks. 3. Mrs. Anupama, the learned counsel, who appears for Mr. Vijay S, the learned counsel for the respondent, does not dispute that indeed there is acceptance to receive Rs.3,29,000/- for regularization of the loan, but this Court must not grant any time over four weeks lest the amount as aforesaid is disturbed. These submissions reduce the canvas for consideration, and this Court is only called upon to decide whether the petitioners must be permitted four weeks or ten weeks for paying the amount of Rs.3,29,000/- for regularization of the loan. 4. This Court, in the light of the circumstances, as also the assertion that the petitioners are in the silk dealing industry which is under the duress, must be allowed eight weeks to repay Rs.3,29,000/- and such further amount as - 5 - HC-KAR NC: 2025:KHC:31502 WP No. 24152 of 2025 may be necessary to regularize the loan. The petition therefore stands disposed of by the following: ORDER [A] The respondent is called upon to defer further proceedings in the impugned order dated 01.02.2025 in Crl. Misc. Petition No.71/2024 on the file of the Principal Senior Civil Judge and CJM, Chikkaballapur for eight [8] weeks. [B] The respondent is directed to receive a sum of Rs.3,29,000/-, and such further amount as will have to be tendered for regularization of the loan if it is offered within eight [8] weeks. [C] It is needless to observe that if there is any default despite this opportunity, the respondent will be at - 6 - HC-KAR NC: 2025:KHC:31502 WP No. 24152 of 2025 liberty to proceed in terms of the impugned order. SD/- (B M SHYAM PRASAD) JUDGE RB