MR. NARESH KUMAR v. HBD FINANCIAL SERVICES LIMITED
WP/7324/2022 · 2025-11-17
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86606 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86606 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47132 WP No. 7324 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.7324 OF 2022 (GM-RES) BETWEEN:
1.
MR. NARESH KUMAR S/O LATE B SADASHIVA RAO AGED ABOUT 56 YEARS R/AT D NO.3-199/6B LALITHA SADA NILAYA SIDDI VINAYAKA ROAD PANDITH HOUSE MANGALURU - 575017 ALSO MR. NARESH KUMAR S/O LATE B SADASHIVA RAO AGED ABOUT 56 YEARS R/AT SHOP NO.11-5-471/17 GROUND FLOOR SIDDIVINAYAKA ROAD PANDITH HOUSE MANGALURU - 575017.
…PETITIONER (BY SRI. RAJASHEKAR S.,ADVOCATE) AND:
1.
HBD FINANCIAL SERVICES LIMITED 3RD AND 4TH FLOOR, HEMALATHA MANSION 7-1-397/111 AND 112 S R NAGAR
Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47132 WP No. 7324 of 2022
HYDERABAD TELANGANA - 500038 REP BY ITS AUTHORIZED OFFICER.
2.
HBD FINAANCIAL SERVICES LIMITED 2ND FLOOR PANCHAMAHAL BUILDING OPPOSITE GLOWER MARKET CAR STREET BRANCH MANGALURU - 575001 DAKSHINA KANNADA DISTRICT REPRESENTED BY ITS MANAGER.
3.
HBD FINANCIAL SERVICES LIMITED REGD OFFICE RADHIKA 2ND FLOOR LAW GARDEN ROAD NAVARANGPURA AHMEDABAD GUJARAT - 380009 REPRESENTED BY ITS AUTHORIZED OFFICER. …RESPONDENTS (BY SRI. V B RAVISHANKER, ADVOCATE FOR R1;
R2 & R3 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DATED 03.03.2022, ISSUED BY THE RESPONDENT NO.1 PUBLISHED IN HOSADIGANTHA KANNADA DAILY NEWSPAPER DATED 08.03.2022 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:47132 WP No. 7324 of 2022
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard learned counsel appearing for the parties.
2. The grievance of the petitioner in this writ petition is to quash the possession notice dated 03.03.2022 (Annexure-A) issued by the respondent No.1.
3. Having taken note of the submissions made by the
learned counsel for the petitioner and learned counsel for the respondent - Bank, I am of the view that, the petitioner is having alternative and efficacious remedy under S.17 of the SARFAESI Act, 2002.
4. Accordingly, reserving liberty to the petitioner to approach the competent Tribunal, the writ petition is disposed of.
SD/- (E.S.INDIRESH) JUDGE
sac List No.: 1 Sl No.: 43