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2026 DAILYLAW 14814 (KAR)

SACHIN H S v. SUNDARAM FINANCE LIMITED

WP/32002/2025 · 2026-04-22

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22010 WP No. 32002 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 32002 OF 2025 (GM-DRT) BETWEEN: SACHIN H.S., SON OF SIDDEGOWDA H.D., AGED ABOUT 28 YEARS, C/O. MANASVI ENTERPRISES, NO.668/623, GROUND FLOOR, 14TH MAIN ROAD, TEACHERS COLONY, MADDUR, MANDYA-571 428 …PETITIONER (BY SRI. B.S.JAYANTH KRISHNA, ADVOCATE) AND: SUNDARAM FINANCE LIMITED HAVING ITS OFFICE AT NO.21, PATULLOS ROAD, CHENNAI-600 002 REPRESENTED BY ITS AUTHORISED OFFICER …RESPONDENT (BY SRI.B.C.AVINASH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH INTIMATION BEARING NO.T002200303 T002200304 DATED 25.10.2025 FOR BEING IN CONTRAVENTION TO RULE 9 OF THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002.(ANNEXURE- A, A1). Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22010 WP No. 32002 of 2025 THIS PETITION, COMING ON FOR ‘DISMISSAL’, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "Wherefore, the petitioners most humbly pray that this Hon’ble court may kindly be pleased to: a. Issue a writ of certiorari or any other appropriate writ order or direction to quash intimation bearing no.t002200303 & T002200304 dated 25.10.2025 for being in contravention to Rule 9 of the Security Interest (Enforcement) Rules, 2002.(Annexure-A, A1). b. Issue a writ of certiorari or any other appropriate writ order or direction directing the respondent Bank to not to issue any sale certificate in pursuance to the intimation bearing No.T002200303 & T002200304 vide Annexure-A and A1 held on 25.10.2025 and to redelivery the possession of the vehicles which is seized without any authority of law. c. Issue such other appropriate directions as this Hon’ble Court deems fit to grant in the interest of justice and equity, including the award of costs of this writ petition." - 3 - HC-KAR NC: 2026:KHC:22010 WP No. 32002 of 2025 2. The writ petition is of the year 2025. No interim order is granted. 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 before this Court, against Sundaram Finance Limited which is a finance Bank. 3. 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 the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 64