- 1 - HC-KAR NC: 2026:KHC:21690 WP No. 22930 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 22930 OF 2023 (GM-DRT) BETWEEN: SOPHIA KENNEDY AGED ABOUT 55 YEARS, W/O JOSEPHKENNEDY RESIDING AT NO.5, 2ND C MAIN RAMAIAH LAYOUT, K K HALLI …PETITIONER (BY SRI. A.V. AMARNATHAN, ADVOCATE) AND: 1. NATIONAL TRUST FINANCE LIMITED O/AT NO 61, DVG ROAD, 1ST FLOOR, ABOVE SESHA MASHING CENTRE, BASAVANGUDI, BENGALURU - 560 004 (REP BY ITS AUTHORISED OFFICER) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21690 WP No. 22930 of 2023 REGISTERED UNDER TRUST ACT 1987 2. CENTRUM HOUSING FINANCE LIMITED O/AT NO.88, MOUNT ROAD, GUINDY, CHENNAI - 600 032 (REP BY ITS AUTHORISED OFFICER) REGISTERED UNDER NATIONAL HOUSING BANK ACT 1987 …RESPONDENTS (R2 IS SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CLOSE THE HOUSING LOAN ACCOUNT NO. BLR10269 OF THE PETITIONER AS CLAIMED BY THE R2 AS PER ANNEXURE-F 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:21690 WP No. 22930 of 2023 ORAL ORDER The present writ petition is filed seeking the following prayers: "a. To close the housing loan account No. BLR10269 of the petitioner as claimed by the 2nd respondent as per Annexure-F. b. Direct the respondents to return the all the original documents which were deposited at the time of availing loan, forthwith as per Annexure-A. c. Pass such other orders as this Hon'ble Court may deems fit in the facts and circumstances of the case, in the interest of equity and justice." 2. The writ petition is of the year 2023. The writ petition is filed against the National Trust Finance Limited and Centrum Housing Finance Limited, which are private ffinancial institutions. 3. Learned counsel appearing for the submits that any proceedings under the SARFAESI Act cannot be initiated by a - 4 - HC-KAR NC: 2026:KHC:21690 WP No. 22930 of 2023 private financial company. However, the petitioner has not questioned any of the proceedings that are initiated under the SARFAESI Act. The relief that is sought is only for a direction to close the housing loan account and to return the original documents. 4. 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. 5. Hence, the writ petition is liable to the 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 before the DRT ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. - 5 - HC-KAR NC: 2026:KHC:21690 WP No. 22930 of 2023 iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 5