SRI ADINARAYANA SETTY RAJAKUMAR v. PROTIUM FINANCE LIMITED
WP/7406/2026 · 2026-03-13
Lalitha Kanneganti
body2026
DailyLaw.ai
[ 2026 DAILYLAW 16289 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 16289 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:15208 WP No. 7406 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7406 OF 2026 (GM-DRT) BETWEEN:
1.
SRI. ADINARAYANA SETTY RAJKUMAR @ ADINARAYANA SHETTY, S/O. ADINARAYANA SETTY @ SHETTY, AGED ABOUT 44 YEARS, RESIDING AT NO.470, BUDIKOTE, BANGARPET TALUK, KOLAR DISTRICT, PIN-563 114.
2.
SMT. MUGULURUCHANDRAIAH SWATHI, W/O. RAJKUMAR, D/O CHANDRAPPA. S MUGALUR, RESIDING AT UV KUGUR POST SAR, BENGALURU-562 125. …PETITIONERS (BY SRI. K. S. NARESH SANTHOSH, ADVOCATE) AND:
1.
M/S. PROTIUM FINANCE LIMITED, A COMPANY REGISTERED UNDER COMPANIES ACT, 2013, HAVING ITS REGIONAL OFFICE AT NO.34, SRI. KRISHNA COMPLEX, GROUND FLOOR, TC PALYA MAIN ROAD,
Digitally signed by SUVARNA T Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:15208 WP No. 7406 of 2026
NEAR NEW BRIDGE, RAMAMURTHY NAGAR, BENGALURU-560 016, REPRESENTED BY ITS CREDIT MANAGER.
2.
THE TAHSILDAR, BANGARPET TALUK, BANGARPET, KOLAR DISTRICT-563 114. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DATED 11/02/2026 ISSUED BY THE RESPONDENT, A COPY OF WHICH IS PRODUCED AT ANNX-J, TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 06/12/2024 AND 24/12/2024, COPIES OF WHICH ARE PRODUCED AT ANNX-G AND L RESPECTIVELY AND DISPOSE OF THEM IN ACCORDANCE WITH LAW EXTENDING WAIVER OF LOAN AND COMPENSATION AS PRAYED FOR THEREIN AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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HC-KAR NC: 2026:KHC:15208 WP No. 7406 of 2026
ORAL ORDER The present writ petition is filed seeking the following prayer:
"WHEREFORE, it is prayed that this Hon'ble Court may be pleased to: (a) ISSUE a writ of certiorari or any other writ or direction quashing the sale notice dated 11.02.2026 issued by the respondent, a copy of which is produced at Annexure-J. (b) ISSUE, a writ of mandamus or any other writ or direction directing the respondents to consider the representations of the petitioners dated 06.12.2024 and 21.12.2024, copies of which are produced at Annexures-G and L respectively and dispose of them in accordance with law extending waiver of loan and compensation as prayed for therein. (c) ISSUE any other writ or direction as this Hon'ble Court may deem fit in the
facts and circumstances of the case."
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 the M/s. Protium Finance Limited in Bengaluru.
3. In that view of the matter, this Court is passing the following:
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HC-KAR NC: 2026:KHC:15208 WP No. 7406 of 2026
ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. All I.As., in the writ petition shall stand closed.
SD/- (LALITHA KANNEGANTI) JUDGE
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