- 1 - HC-KAR NC: 2025:KHC:29873 WP No. 18466 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18466 OF 2025 (GM-RES) BETWEEN: SMT SHALINI N R W/O. SRI. RAMESH M.N, AGED ABOUT 41 YEARS, RESIDING AT FLAT NO. S10, AMITY SHELTERS APARTMENT, 14TH CROSS, VINAYAKA LAYOUT, KODIPALYA, KENGERI, BENGALURU SOUTH, BENGALURU-560 060. …PETITIONER (BY SRI. ARUN K.S..,ADVOCATE) AND: 1. SAMMAN CAPITAL LIMITED (FORMERLY KNOWN AS INDIABULLS HOUSING FINANCE LIMITED) HAVING REGISTERED OFFICE AT A-34, 2ND AND 3RD FLOOR, LAJPAT NAGAR -II, NEW DELHI - 110 024. HAVING BRANCH OFFICE AT B/W 11TH AND 12TH CROSS, MARGOSA ROAD, NO.116, 1ST FLOOR, KRISHNA ARCADE, MALLESHWARAM, BENGALURU -560 003. REPRESENTED BY ITS AUTHORIZED OFFICER. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29873 WP No. 18466 of 2025 2. SRI. GIRISH S. S/O. SRI. SHESHAPPA C.D., AGED ABOUT 41 YEARS, RESIDING AT NO.19, BALAPPA BUILDING, KODIPALYA, KENGERI, BENGALURU-560 060. 3. SMT. USHARANI S.K. C/O SRI. GIRISH S., AGED MAJOR, RESIDING AT NO.19, BALAPPA BUILDING, KODIPALYA, KENGERI, BENGALURU-560 060. …RESPONDENTS (BY SRI. FRANCIS XAVIER., ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTION IN THE NATURE OF MANDAMUS AGAINST THE FIRST RESPONDENT -NBFC TO REMOVE THE SEAL PUT BY IT ON THE SCHEDULE FLAT AS PER THE IMPUGNED POSSESSION NOTICE ISSUED BY THE FIRST RESPONDENT -NBFC DATED 23.06.2025 VIDE ANNEXURE -B. THIS PETITION COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:29873 WP No. 18466 of 2025 ORAL ORDER The petitioner, who asserts that she is a tenant in possession of a residential flat, has sought for direction which reads as under: Issue a writ, order or direction in the nature of mandamus against the first respondent to remove the seal put by it on the schedule Flat as per the impugned Possession Notice issued by the First Respondent dated 23.06.2025 vide Annexure-B. If Sri Arun K.S., the learned counsel for the petitioner, argues in support of the prayer, Sri.Francis Xavier, the learned counsel for the first respondent, states that with the default by the borrowers, the first respondent has initiated proceedings under the SARFAESI Act resulting with an order to take possession under Section 14 thereof and that the possession is accordingly taken. It would suffice for this Court to observe that unless the order under Section 14 of the SARFAESI - 4 - HC-KAR NC: 2025:KHC:29873 WP No. 18466 of 2025 Act is disturbed in a duly instituted proceedings, there cannot be any interference directing the first respondent to break open the lock. The petition therefore stands disposed of subject to all just exceptions in law. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr