- 1 - HC-KAR NC: 2026:KHC:23797 WP No. 33651 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 33651 OF 2025 (GM-DRT) BETWEEN: MRS. SHAGUFTA SHARIFF D/O LATE ABDUL AZEEZ, AGED ABOUT 45 YEARS, RESIDING AT NO.16, 1ST FLOOR, 7TH CROSS, VASANTHNAGAR, BENGALURU - 560 052. …PETITIONER (BY SRI. SYED MOHID ALTAF, ADVOCATE) AND: TATA CAPITAL HOUSING FINANCE LTD A COMPANY INCORPORATED UNDER COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 11TH FLOOR, TOWER A, PENINSULA BUSINESS PARK, GANPATRAO KADAM MARG, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23797 WP No. 33651 of 2025 LOWER PAREL, MUMBAI - 400 013. ALSO HAVING OFFICE AT NO.82/1, GROUND FLOOR, KRISHNA TOWERS, RICHMOND ROAD, BENGALURU - 560 025. REPRESENTED BY ITS AUTHORISED OFFICER. …RESPONDENT (BY SRI. K.R. PARASHURAM, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE SALE NOTICE DATED 17.10.25 BEARING REF. SALE NOTICE / OCT- 2025/284 (ANNX-A) ISSUED BY THE RESPONDENT AND DECLARE THE SAME TO BE BAD IN LAW, AND BEING CONTRARY TO THE INTERIM ORDER GRANTED BY THIS HONBLE COURT IN WP NO. 24373/22 (ANNEXURE-Q1) 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:23797 WP No. 33651 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayers: "a) Issue a writ of certiorari quashing the Sale Notice dated 17.10.2025 bearing Ref: SALE NOTICE/OCT- 2025/284 (Annexure-A) issued by the Respondent and declare the same to be bad in law, and being contrary to the interim order granted by this Hon'ble Court in W.P. No. 24373/2022 [Annexure-Q1); b) Declare that the continuation of proceedings pursuant to Demand Notice bearing Ref No: TCHFL/MAY_25/109 dated 15.05.2025 (Annexure-R) issued by respondent is illegal and bad in law; c) Award costs of the proceedings; d) Pass such other and further orders as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interests of justice and equity." - 4 - HC-KAR NC: 2026:KHC:23797 WP No. 33651 of 2025 2. The writ petition is of the year 2025. The writ petition is filed against the respondent Tata Capital Housing Finance Ltd., which is a private finance company. 3. 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. 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 before the DRT. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. The petitioner shall approach the DRT within 30 days from the date of receipt of the copy of this order. - 5 - HC-KAR NC: 2026:KHC:23797 WP No. 33651 of 2025 iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 13