- 1 - HC-KAR NC: 2025:KHC:46227 WP No. 6655 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 6655 OF 2020 (GM-RES) BETWEEN: 1. SURESH CHANDRASEKHAR S/O CHANDRASEKHAR AGED ABOUT 36 YEARS 2. SMT. REKHA RANI B N W/O SURESH CHANDRASEHAR AGED ABOUT 36 YEARS BOTH ARE RESIDING AT NO.61, 3RD CROSS, 3RD MAIN, KARNATAKA LAYOUT, CAUVERY NAGARA, KURUBARAHALLI, BENGALURU-560 079. …PETITIONERS (BY SRI. K. SREEDHAR, ADVOCATE) AND: 1. HDFC LIMITED HDFC HOUSE, NO.51, KASTURBA ROAD, BENGALURU-560 001 REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SRI. B.S. MAHENDRA, ADVOCATE) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46227 WP No. 6655 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE CASE OF THE PETITIONERS FOR COMPLYING WITH THE DIRECTION ISSUED AT ANNEXURE-D DATED 26.2.2020 BY ACCEPTING THE AMOUNT OF RS.10,92,645/- FOR REGULARIZING THE ACCOUNT AND PERMIT THE PETITIONERS TO CONTINUE TO PAY EMIs REGULARLY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The prayer made in the writ petition reads as under: "(i) Issue a writ in the nature of Mandamus directing the respondent to consider the case of the petitioners for complying with the direction issued at Annexure- D dated 26.02.2020 by accepting the amount of Rs. 10,92,645/- for regularizing the account and permit the petitioners to continue to pay EMIs regularly. (ii) Issue a writ in the nature of Mandamus directing the respondent to hand over the possession of the house of the petitioners on payment of Rs. 10,92,645/- and - 3 - HC-KAR NC: 2025:KHC:46227 WP No. 6655 of 2020 (iii) Pass such other orders as may be deemed just and expedient in the circumstances of the case, including the award of costs of this writ petition, in the interest of justice and equity." 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the respondent-Bank submitted that this Court, while exercising jurisdiction under Article 226 of the Constitution of India, cannot issue a direction, compelling the Bank to regularize the petitioners’ account. It was contended that matters relating to loan restructuring, repayment schedules, or restoration of possession fall within the domain of the contractual terms agreed upon by the parties and cannot be the subject of a writ mandamus. 4. Considering that the relationship between the petitioners and the respondent-Bank arises out of a contractual agreement, I am of the view that no - 4 - HC-KAR NC: 2025:KHC:46227 WP No. 6655 of 2020 interference is called for by this Court to direct the Bank either to regularize the account or to hand over possession of the property to the petitioners. Accordingly, the writ petition is dismissed. 5. In view of the disposal of the main petition, the pending applications, if any, stand dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 12