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2026 DAILYLAW 11204 (KAR)

SMT. D.K.ROHINI JAMADAGNI v. THE MANAGER/PRESIDENT

WP/14730/2020 · 2026-02-11

M G S Kamal

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8257 WP No. 14730 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14730 OF 2020 (GM-RES) BETWEEN: SMT. D.K.ROHINI JAMADAGNI W/O LATE SRI G. SHIVAPRAKASH AGED ABOUT 51 YEARS R/A NO 388, 'ANUGRAHA', 11TH CROSS, SHABARINAGAR LAYOUT THANISANDRA MAIN ROAD DR SHIVARAM KARANT NAGAR POST HEGDENAGAR BANGALORE - 560 077. …PETITIONER (BY SRI. N. MANOHAR.,ADVOCATE) AND: THE MANAGER/PRESIDENT M/S PIRAMAL CAPITAL AND HOUSING FINANCE NO 13, OLD NO.5, 1ST MAIN ROAD NEAR KODAVA SAMAJA VASAN NAGAR, BENGALURU - 560 052. …RESPONDENT (BY SRI. S LAKSHMINARAYANA.,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO RETURN ALL THE DOCUMENTS TITLE DEEDS AND BLANK CHEQUE/S 12 NOS NO DUE CERTIFICATE ETC BY CONSIDERING THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-C THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8257 WP No. 14730 of 2020 ORAL ORDER Petitioner is before this Court seeking following reliefs; I) Issue a writ in the nature of Mandamus directing the respondent to return all the documents, Title deeds, and Blank cheque/s 12 nos. No Due Certificate etc., by considering the representation of the petitioner vide Annexure 'C'. II) Pass such other orders/directions as this Hon'ble court deems fir under the circumstances of the case as so as to meet the ends of justice and equity. 2. Borrowing of the sum of Rs.4,99,235/- by the petitioner from the original respondent- M/S. Dewan Housing Finance Corporation Ltd., (DHFL) is not in dispute. According to petitioner, he had apparently paid Rs.6,70,759/- and was due and liable to pay a sum of Rs.80,000/- as on 08.06.2020. The grievance of the petitioner is that petitioner being financially constrained had sought waiving of the said amount and had sought for return of original documents of title and the cheques which she had issued while availing the loan by making a representation as per Annexure-C. Which according to the petitioner has not been considered by the respondent- Bank till date. 3. Learned counsel for the petitioner submits that if a direction is issued that the respondent to consider the said representation, the purpose of the petition will be served. - 3 - HC-KAR NC: 2026:KHC:8257 WP No. 14730 of 2020 4. Learned counsel for the respondent-Bank on the other hand submits that as on this date the total outstanding amount is in excess of Rs.2,00,000/-. Further, he submits that the representation was earlier made to M/S. Dewan Housing Finance Corporation Ltd., (DHFL). While the said Bank was under insolvency proceedings. That currently DHFL has been taken over by M/s.Piramal Capital and Housing Finance Ltd. He however submits that if the petitioner was to file a fresh representation same would be considered in accordance with law. 5. Submission is taken on record. 6. Petition is disposed of. Reserving liberty to the petitioner to make a fresh representation to the respondent- M/s.Piramal Capital and Housing Finance Ltd within 15 days from the date of receipt of certified copy of this order. Further, respondent- M/s.Piramal Capital and Housing Finance Ltd shall consider the same in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 19