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2026 DAILYLAW 10102 (KAR)

SMT SURYANI B M v. AUXILO FINSERVE PRIVATE LIMITED (AFPL),

WP/7711/2026 · 2026-03-16

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15446 WP No. 7711 of 2026 C/W WP No. 9637 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7711 OF 2026 (GM-DRT) C/W WRIT PETITION NO. 9637 OF 2023 (GM-DRT) IN WP No. 7711/2026 BETWEEN: SMT SURYANI B.M., D/O LATE MUNISHANKARAPPA, AGED ABOUT 36 YEARS, R/A PRIYADARSHINI SCHOOL, K.R. PETE, MANDYA DISTRICT – 571 426 …PETITIONER (BY SRI. K.V.NARASIMHAN, ADVOCATE) AND: AUXILO FINSERVE PRIVATE LIMITED (AFPL), SIDDSHEKHA COLOSSEUN, NO.103, 1ST FLOOR, R.V. ROAD, V.V.PURAM, BANGALORE – 560 004 REP. BY ITS AUTHORISED OFFICER …RESPONDENT (BY SRI. K.V.LOKESH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION OF THE PETITIONER AT ANNEXURE-D DATED 30/01/2026 AND ANNEXURE-E DATED 30/01/2026 AND PROVIDE THE PETITIONER WITH THE NECESSARY INFORMATION AS SOUGHT THEREIN. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15446 WP No. 7711 of 2026 C/W WP No. 9637 of 2023 IN WP NO. 9637/2023 BETWEEN: M/S PRIYADARSHINI VIDYA SAMSTHE REPRESENTED BY ITS SECRETARY, OFFICE AT KIKKERI ROAD, K.R.PET, MANDYA DISTRICT, KARNATAKA-571 426 ...PETITIONER (BY SMT.RAMA R.IYER, ADVOCATE) AND: THE AUTHORISED OFFICER AUXILO FINSERVE PRIVATE LIMITED OFFICE AT NO.63, 6TH FLOOR, KALPATARU SQUARE, KONDIVITA ROAD, ANDHERI EAST, MUMBAI, MAHARASTRA-400 059 REP. BY ITS MANAGING DIRECTOR ALSO AT SIDDSHEKHA COLOSSEUM, NO.103, 1ST FLOOR, R.V.ROAD, V.V.PURA, BANGALORE-560 004 ...RESPONDENT (BY SRI. K.S.HARISH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER DATED 24TH MARCH 2023 AS PER ANNEXURE-J ISSUED BY RESPONDENT AND GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER ISSUED UNDER SECTION 13(4) OF THE SARFAESI ACT ISSUED BY THE RESPONDENT DATED: 24TH MARCH 2023 PRODUCED AS ANNEXURE-J THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:15446 WP No. 7711 of 2026 C/W WP No. 9637 of 2023 ORAL ORDER The present writ petition in WP.No.7711/2026 is filed against Auxilo Finserve Private limited (AFPL). In the light of the law laid down by the Hon'ble Apex Court in case of S.Shobha Vs. Muthoot Finance Ltd.1, the writ petition is not maintainable against a private finance company. 2. A memo is also filed seeking permission to withdraw the writ petition with liberty to seek appropriate remedy in accordance with law. 3. The memo is taken on record. 4. Accordingly, both WP.Nos.7711/2026 and 9637/2023 are dismissed as withdrawn with liberty to avail appropriate remedy available in accordance with law. i. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 1 1 2025 INSC 117