- 1 - HC-KAR NC: 2025:KHC:46060 WP No. 32176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 32176 OF 2025 (GM-DRT) BETWEEN: 1. SRI. LOKESH P A S/O MR. ANANDAPPA CHANNAVEERAPPA AGE ABOUT 34 YEARS 2. SRI ANANDAPPA S/O MR. ANANDAPPA CHANNAVEERAPPA AGE ABOUT 73 YEARS ALL ARE R/AT ESHWARA TEMPLE ROAD HORKERE, JAGALURU NEAR ESHWARA TEMPLE DAVANAGERE DISTRICT-577528. …PETITIONERS (BY SRI. SIDDARAMAIAH V. B., ADVOCATE) AND: 1. M/S. IKF HOME FINANCE LIMITED AT PLOT NO.30/A, SY. NO.83/1 MY HOME TWITZA, 11TH FLOOR Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46060 WP No. 32176 of 2025 DIAMOND HILLS, LUMBINI AVENUE B/S GIS SUBSTATION APIIC HYDERABAD KNOWLEDGE CITY, RAIDURG, HYDERABAD T S -500032 REP. BY ITS AUTHORIZED OFFICER REGISTERED UNDER COMPANIES ACT. 2. SRI SHIVAKUMAR P A S/O MR. ANANDAPPA AGE ABOUT 32 YEARS R/AT ESHWARA TEMPLE ROAD, HORKERE, JAGALURU NEAR ESHWARA TEMPLE DAVANAGERE DISTRICT-577528. …RESPONDENTS (BY SRI. H N. VASUDEVAN, ADVOCATE FOR R1) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.07.2025, PASSED BY THE PRINCIPLE SENIOR CIVIL JUDGE AND CJM, AT DAVANAGERE, PASSED IN CRL. MISC. NO.256/2025, ALLOWING THE PETITION FILED BY THE 1ST RESPONDENT M/S. IKF OM FINANCE LIMITED, AT PLOT NO.30/A, SY. NO.83/1, MY HOME TWITZA 11TH FLOOR, DIAMOND HILLS, LUMBINI AVENUE B/S GIS SUBSTATION, APIIC HYDERABAD KNOWLEDGE CITY, RAIDING, HYDERABAD T.S. 500 032, REPRESENTED BY ITS AUTHORIZED OFFICER U/S. 14 OF SARFAESI ACT 2002, VIDE ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:46060 WP No. 32176 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: “WHEREFORE, the Petitioners humbly and respectfully pray that this Hon'ble Court be pleased to; a. Issue a Writ of Certiorari or any other writ or order to quash the impugned order dated 21.07.2025, passed by the Principle Senior Civil Judge and CJM, at Davanagere, passed in Crl. Misc. No.256/2025, allowing the petition filed by the 1st Respondent - M/s. IKF Om Finance Limited, At Plot No.30/A, Sy. No.83/1, My Home Twitza 11th Floor, Diamond Hills, Lumbini Avenue B/S GIS Substation, APIIC Hyderabad Knowledge City, Raiding, Hyderabad T.S. 500 032, represented by its Authorized Officer U/s. 14 of SARFAESI Act 2002, vide Annexure- C. b. Direct the 1st Respondent M/s. IKF Om Finance Limited, At Plot No.30/A, Sy. No.83/1, My Home Twitza 11th Floor, Diamond Hills, Lumbini Avenue B/S GIS Substation, APIIC Hyderabad Knowledge City, Raiding, Hyderabad T.S, to redeliver the possession of the property belongs to the Petitioner, which is more fully described in the schedule hereunder, by regularizing the loan of the Petitioners, enabling the Petitioner to pay the monthly instalments, regularly, vide loan A/c. No. LNDVR01323-240009152 and LNDVR 02823- 240008748. - 4 - HC-KAR NC: 2025:KHC:46060 WP No. 32176 of 2025 c. Pass such other orders, as the Petitioners is entitled to in the facts and circumstances of the case, including the costs of the proceedings, in the interest of justice and equity. 2. The facts of the case are that an order was passed by the Principal Senior Civil Judge and CJM at Davanagere in Crl.Misc.No.256/2025 on 21.07.2025 under Section 14 of the SARFAESI Act. It is stated that no notice was served on the petitioners in Crl.Misc.No.74/2025. The proceedings under SARFAESI Act cannot be initiated since, the property is a residential property and no notice was issued before initiating the proceedings. It is stated that the respondents have acted arbitrarily by seizing movable valuables and cash from the house, which is not permitted under Section 14 of the SARFAESI Act. The law permits only secured immovable property to be taken, by complying with the principles of natural justice. 3. Learned counsel for the petitioners submits that the petitioners are ready to deposit the amount if a reasonable time is granted and the respondent/bank cannot be permitted to - 5 - HC-KAR NC: 2025:KHC:46060 WP No. 32176 of 2025 forcibly take possession of the property along with the movables and cash. 4. Learned counsel appearing for the respondent/bank submits that they have issued the sale certificate. It is submitted that once the auction notice is issued, question of redeeming the mortgage will not raise. Further, the petitioners cannot maintain this writ petition before this Court and as far as taking the movables from the house are concerned, they can approach the respondent/bank. 5. In response to that, learned counsel for the petitioners submits that the details pertaining to the auction purchaser and all the relevant details are not furnished. If all these details are furnished, they would be approaching the Debt Recovery Tribunal questioning the illegality in conducting the sale. 6. Having heard the learned counsels on either side, perused the material on record. The petitioners have questioned the order that is passed under Section 14 of the SARFAESI Act. If the petitioners are aggrieved by an order under Section 14 of the SARFAESI Act or any of the - 6 - HC-KAR NC: 2025:KHC:46060 WP No. 32176 of 2025 proceedings initiated by the bank, their remedy is to go before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act. Further, the request of the petitioners that they are ready to deposit the amount cannot be considered at the stage where the sale certificate is also issued. Then coming to the submission of the learned counsel for the petitioners that the movables are lying in the house, the petitioners shall approach the respondent/bank. Accordingly, this Court is passing the following: ORDER i. The respondent/bank shall consider the representation of the petitioners, which shall be given within 10 days from the date of receipt of copy of this order and permit the petitioners to take away the belongings. ii. To avail the alternative remedy the petitioners require all the relevant details pertaining to the sale, the auction purchaser etc. The bank shall provide all the necessary details to the - 7 - HC-KAR NC: 2025:KHC:46060 WP No. 32176 of 2025 petitioners within 10 days from the date of representation. iii. Accordingly, this writ petition is disposed off. iv. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN CT:bms List No.: 5 Sl No.: 4