- 1 - HC-KAR NC: 2026:KHC:22389 WP No. 12777 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12777 OF 2021 (GM-RES) BETWEEN: MRS. PRATHIBHA R. W/O. LATE DINESH KUMAR L.V. AGED ABOUT 41 YEARS RESIDING AT NO.320 FLAT NO.401, 24TH CROSS 28TH MAIN, HSR LAYOUT 2ND SECTOR BENGALURU - 560 102 …PETITIONER (BY SRI. SHARATHKUMAR SHETTY, ADVOCATE) AND: 1. BAJAJ HOUSING FINANCE LIMITED 1ST FLOOR J K TOWERS NO.719/A, 53-2, 46TH CROSS SANGAM CIRCLE, JAYANAGAR 8TH BLOCK ABOVE MORE OUTLET BANGALORE - 560 082 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22389 WP No. 12777 of 2021 REPRESENTED BY ITS AUTHORIZED OFFICER/ THE SENIOR MANAGER 2. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY GOLDEN HEIGHTS 4TH FLOOR, NO.1/2, 59TH C CROSS ROAD 4TH M BLOCK, 59A CROSS ROAD BANGALORE - 560 010 REPRESENTING BY ITS AUTHORIZED OFFICER / THE SENIOR MANAGER …RESPONDENTS (BY SRI. DILIP M.R., ADVOCATE FOR R1 SRI. B. PRADEEP, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICES DATED 21.06.2021 VIDE ANNEXURE-R IN REFERENCE AND ANNEXURE-S IN REFERENCE ISSUED BY THE R1 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: 2026:KHC:22389 WP No. 12777 of 2021 ORAL ORDER The present writ petition is filed seeking the following prayers: "(a) Issue a Writ of Certiorari or any other writ quashing the impugned Notices dt.21.06.2021 vide Annexure-"R" in reference No.BHFL/PSN/Jun21/266 and Annexure-"S" in reference No.BHFL/ PSN/Jun21/267, issued by the 1st Respondent. (b). directing the 1st Respondents to stop all the proceeding/appointment of arbitrator against the Petitioner's property vide Annexure-"N" and "O" dated 11.05.2021 issued by the 1st Respondent. (c). directing the 1st Respondents to not to dispossess the Petitioner from the schedule property. (d). Direct the 2nd Respondent to release the insurance policy amount/sum assured amount to Petitioner. (e). Direct the 1st Respondent to close the loan account and return the title deeds of - 4 - HC-KAR NC: 2026:KHC:22389 WP No. 12777 of 2021 the schedule property infavour of petitioner as per policy coverage. (f). Grant such other relief or reliefs as this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice." 2. The writ petition is of the year 2021. The writ petition is filed against the Bajaj Housing Finance Ltd. A Co-ordinate Bench of this Court, by order dated 22.07.2021, granted an interim order and the same is subsisting till now. 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. 3. It is submitted by the learned counsel appearing for respondent No.1 that now they have assigned the loan to an Asset Reconstruction Company. 4. The petitioner also submits that the debt is assigned to Edelweiss Asset Reconstruction Company. In view - 5 - HC-KAR NC: 2026:KHC:22389 WP No. 12777 of 2021 of the same, the petitioner is at liberty to implead the said Edelweiss Asset Reconstruction Company as a party before the DRT. 5. In view of the above discussion, the writ petition is liable to be dismissed as not maintainable and this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to avail the appropriate remedy before the DRT. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. As the petitioner is having the benefit of the interim order, the same shall continue for a period of four weeks. iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 10