- 1 - HC-KAR NC: 2025:KHC:46113 WP No. 29506 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 29506 OF 2025 (GM-DRT) BETWEEN: ICICI HOME FINANCE, YESHWANTHPUR BRANCH, REP. BY CHITRESH BANAN, BRANCH MANAGER, S/O SHIVANAND BANAN AGE 32 YEARS O/AT NO.432 3RD FLOOR, 7TH MAIN ROAD, HRBR LAYOUT, 1ST BLOCK, KALYAN NAGAR, BENGALURU–560043. …PETITIONER (BY SRI. NANDISH PATIL, ADVOCATE) AND: 1. MR. MUNIRATHINAM VIJAY KUMAR S/O MUNIRATHINAM, NO.479, 12TH CROSS, BTS MAIN ROAD, WILSON GARDEN BANGALORE-560027 ALSO AT: SITE NO.956, 1ST MAIN ROAD, KORAMANGALA 1ST BLOCK, BANGALORE- 560034. Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46113 WP No. 29506 of 2025 2. MR. RAHUL VINAY S/O VIJAY KUMAR, NO.479, 12TH CROSS, BTS MAIN ROAD, WILSON GARDEN BANGALORE - 560027 ALSO AT: SITE NO.956, 1ST MAIN ROAD, KORAMANGALA 1ST BLOCK, BANGALORE- 560034. 3. MRS. NIKITHA RAHUL VINAY W/O RAHUL VINAY, NO.479, 12TH CROSS, BTS MAIN ROAD, WILSON GARDEN BANGALORE - 560027 ALSO AT: SITE NO.956, 1ST MAIN ROAD, KORAMANGALA 1ST BLOCK, BANGALORE- 560034. …RESPONDENTS (BY SMT. LIKITHA GOWDA, ADVOCATE FOR R2) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 15.09.2025 PASSED BY THE COURT OF 39TH ACJM, BENGALURU IN CRL. MISC. 10745/2024 VIDE ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:46113 WP No. 29506 of 2025 ORAL ORDER The present writ petition is filed by the bank seeking the following prayer: “WHEREFORE, for the reasons stated above and grounds urged, petitioner humbly prays that, this Hon’ble Court be pleased to: i. Issue Writ in the nature of Certiorari quashing the impugned order dated 15.09.2025 passed by the court of 39th ACJM, Bengaluru in Crl. Misc. 10745/2024 vide Annexure-D in the interest of justice and equity. ii. Issue a Writ of Mandamus directing the 39th Additional Chief Judicial Magistrate, Bengaluru, to pass an order to take possession of the schedule property as prayed for in the application under Section 14 of the SARFAESI Act in Crl. Misc.10745/2024 in the interest of justice and equity. iii. Pass any other order/relief, that this Hon'ble Court deems fit in the nature and circumstances of the case, in the interest of justice and equity.” 2. It is stated by the petitioner/bank that in the earlier round of litigation, when the application under Section 14 of the SARFAESI Act filed by the bank was not considered by the Trial Court, the petitioner/bank had come up before this Court by filing W.P.No.20377/2025. By order dated 14.07.2025, the Co- ordinate Bench of this Court had set aside the order impugned therein and remanded the matter for fresh consideration and the petitioner/bank was given one more opportunity to prove - 4 - HC-KAR NC: 2025:KHC:46113 WP No. 29506 of 2025 the contentions as asserted herein. After the remand, the Magistrate had passed the order rejecting the petition. The Magistrate had rejected the petition only on the ground that the postal track is filed before the Court which are in the form of the printouts and which has not been complied under Section 65(b) of Evidence Act. The Trial Court had observed that when postal sealed documents are on doubt as to when postal covers are sent as there are no postal RPAD receipts, then the Court will know which postal tracks they are related to, as to which notices sent, hence overall there is non-compliance of Section 13(2) and Section 13(4) of SARFAESI Act. 3. Learned counsel appearing for the petitioner/bank submits that this Court had called for the original records and the same clearly reveals that the seal of the Postal Department, the signatures, mobile number of the parties are also present and the Trial Court in a hyper technical manner had dismissed the petition. 4. Notice to respondent Nos.1 and 3 is not served. However, this writ petition is against an order that is passed by the Magistrate under Section 14 of the SARFAESI Act. When - 5 - HC-KAR NC: 2025:KHC:46113 WP No. 29506 of 2025 the notice to the parties itself is not necessary under Section 14 of the SARFAESI Act, while hearing this writ petition also, notice to the respondents is not necessary. 5. Having heard the learned counsels on either side, perused the material on record. Considering the fact that the postal track which is endorsed by the postal department is filed, the Trial Court ought not to have taken such a technical objection. In that view of the matter, this Court is passing the following: ORDER i. The order impugned passed in Crl.Misc. No.10745/2024 dated 15.09.2025 by the XXXI Addl. Chief Judicial Magistrate is set aside. ii. The Trial Court shall decide the petition on the merits of it within four weeks from the date of receipt of copy of this order. iii. Registry is directed to return the Trial Court Records to the Trial Court along with certified copy - 6 - HC-KAR NC: 2025:KHC:46113 WP No. 29506 of 2025 of this order passed by this Court forthwith without any delay. iv. Accordingly, the writ petition is disposed of. v. All I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN CT:bms List No.: 1 Sl No.: 15