- 1 - HC-KAR NC: 2026:KHC:17298 WP No. 7300 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7300 OF 2025 (GM-DRT) BETWEEN: 1. SRI. HULIMUTHAIAH D S/O. LATE DASALAH, AGED ABOUT 49 YEARS, 2. SMT. GANGAMMA W/O. HULIMUTHALAH D. AGED ABOUT 38 YEARS, BOTH ARE R/AT NO.97, GROUND FLOOR, 6TH MAIN, 8TH CROSS, PILLAPPA BLOCK, NEAR GANGAMMA TEMPLE, GANGANAGAR, BANGALORE - 560 032. …PETITIONERS (BY SRI. MOHAMMED MUJASSIM, ADVOCATE (VC)) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17298 WP No. 7300 of 2025 AND: 1. TATA CAPITAL HOUSING FINANCE LTD., (A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND REGISTERED WITH THE RESERVE BANK OF INDIA, A NON-BANKING FINANCIAL COMPANY HAVING REGISTERED OFFICE AT 11TH FLOOR, TOWER A, GANAPATH RAO KADAM MARG, PENINSULA BUSINESS PARK, LOWER PAREL, MUMBAI-400 013 BRANCH OFFICE AT 2ND FLOOR, PRESTIGE CORNICHE, NO.62, RICHMOND ROAD, BENGALURU - 560 025. REPRESENTED ITS AUTHORIZED OFFICER …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DTD 05.02.2025 AT ANNX-A PASSED BY LD. CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU IN CRL. MISC. 7/2025 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:17298 WP No. 7300 of 2025 CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: " (I) Issue a writ/order/direction in the nature of certiorari to Quash the Order dated 05.02.2025, at ANNEXURE-A passed by Ld. Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in Cri. Misc.7/2025. (II) Pass such other Order that this Hon'ble Court deems fit in the facts and circumstances of the case." 2. The writ petition is of the year 2025. The writ petition is filed against the Tata Capital Housing Finance Ltd.,, which is a private financial company. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257-259 of 2022, a writ petition against the private financial institution is not maintainable. - 4 - HC-KAR NC: 2026:KHC:17298 WP No. 7300 of 2025 3. Hence, the writ petition is liable to be dismissed as not maintainable. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to avail the appropriate remedy. ii. The petitioner shall have the benefit of Section 14 of Limitation Act. iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 12