- 1 - HC-KAR NC: 2026:KHC:17806 WP No. 11801 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 11801 OF 2023 (GM-DRT) BETWEEN: 1. M/S. SRI LAKSHMI PROVISION STORES REP BY ITS PROPRIETOR, SMT. P.V. KALPANA, W/O LATE SRI P.VENKATESHWARLU, R/O NO.292, 4TH CROSS ROAD, BETHUR, BENGALURU - 560 067. 2. SMT. P.V. KALPANA, W/O LATE SRI. P. VENKATESHWARLU, AGED ABOUT 48 YEARS, R/O NO.15, SRI. LAKSHMI VENKATESHWARA NILAYAM, VINAYAKA LAYOUT, 10TH CROSS ROAD, T.C.PALYA, K.R.PURAM, VIRGONAGAR, BENGALURU - 560 067. ALSO RESIDING AT. SITE NO.15, KHATA NO.341/A/38 AND 40, SONNATHAMMANAHALLI VILLAGE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17806 WP No. 11801 of 2023 K.R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 016. 3. SRI. UPENDRA P V S/O LATE SRI. P. VENKATESHWARLU, AGED ABOUT 25 YEARS, R/O NO.15, SRI. LAKSHMI VENKATESHWARA NILAYAM, VINAYAKA LAYOUT, 10TH CROSS ROAD, T.C.PALYA, K.R.PURAM, VIRGONAGAR, BENGALURU - 560 067. ALSO RESIDING AT. SITE NO.15, KHATA NO.341/A/38 AND 40, SONNATHAMMANAHALLI VILLAGE, K.R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 016. 4. SRI. GANESH DEEPAK P S/O LATE SRI. P. VENKATESHWARLU, AGED ABOUT 31 YEARS, R/O NO.15, SRI. LAKSHMI VENKATESHWARA NILAYAM, VINAYAKA LAYOUT, - 3 - HC-KAR NC: 2026:KHC:17806 WP No. 11801 of 2023 10TH CROSS ROAD, T.C.PALYA, K.R.PURAM, VIRGONAGAR, BENGALURU - 560 067. ALSO RESIDING AT. SITE NO.15, KHATA NO.341/A/38 AND 40, SONNATHAMMANAHALLI VILLAGE, K.R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 016. 5. SRI. SAI MAHENDRA P.V S/O LATE SRI. P. VENKATESHWARLU, AGED ABOUT 25 YEARS, R/O NO.15, SRI. LAKSHMI VENKATESHWARA NILAYAM, VINAYAKA LAYOUT, 10TH CROSS ROAD, T.C. PALYA, K.R.PURAM, VIRGONAGAR, BENGALURU - 560 067. ALSO RESIDING AT SITE NO.15, KHATA NO.341/A/38 AND 40, SONNATHAMMANAHALLI VILLAGE, K.R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 016. …PETITIONERS (BY SRI. VEERAYYA HIREMATH, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:17806 WP No. 11801 of 2023 AND: SHRIRAM CITY UNION FINANCE LIMITED, HEAD OFFICE AT: LEVEL 3, EAST WING, WOCKHARDT TOWER, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI - 400 051. BRANCH OFFICE AT. NO.194, I FLOOR, 7TH CROSS, CMH ROAD, 1ST STAGE, INDIRANAGAR, BENGALURU - 560 038. REP BY ITS AUTHORIZED OFFICE, SRI. MANJUNATH RAO H N. …RESPONDENT (BY SRI. CHANDRASHEKAR S.N, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTIUTION OF INDIA PRAYING TO SET ASIDE THE NOTICE DTD 30.05.2023 VIDE ANNEXURE-A ISSUED BY THE RESPONDENT COMPANY BASED ON THE ORDER DTD 12.01.2023 IN CRL MISC 1458/2022 PASSED BY THE HONBLE CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL DIST BENGALURU UNDER SECTION 14 OF THE SARFAESI ACT (ANNX-B) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 5 - HC-KAR NC: 2026:KHC:17806 WP No. 11801 of 2023 ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, the Petitioners pray that this Hon'ble Court may be pleased to: (a) Set aside the Notice dated 30.05.2023 vide Annexure-A issued by the Respondent Company based o n the order dated 12.01.2023 in Crl.Misc.No.1458/2022 passed by the Hon'ble Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru under Section 14 of the SARFAESI Act. (Annexure- B). (b) Pass any such orders which this Hon'ble Court deems fit and proper on the facts and circumstances of the case, in the interest of justice and equity." 2. In the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against Shriram City Union Finance Limited. The writ petition is filed in the year 2023 and the petitioners have the benefit of the interim order from then. 3. In that view of the matter, this Court is passing the following: - 6 - HC-KAR NC: 2026:KHC:17806 WP No. 11801 of 2023 ORDER i. The writ petition is disposed of giving liberty to the petitioners to avail the appropriate remedy in accordance with law. ii. As the petitioners are having the interim order from the year 2023, they shall have the benefit of the same for a period of four weeks from the date of receipt of copy of the order. iii. The petitioners shall also have the benefit of Section 14 of the Limitation Act, 1963 iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE BN List No.: 1 Sl No.: 19