- 1 - HC-KAR NC: 2026:KHC:22961 WP No. 10393 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 10393 OF 2026 (GM-DRT) BETWEEN: 1. SRI. SHAILENDRA SHARMA SON OF MR. VIJAY KUMAR SHARMA, AGED ABOUT 45 YEARS, RESIDING AT VILLA NO. 75, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 2. MR. MALLIKARJUNA NAGARJUNA ETEA SON OF LATE MALLIKARJUNA ETEA, AGED ABOUT 49 YEARS, RESIDING AT VILLA NO. 19, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 3. MRS. YASODHARA DESUGARI WIFE OF MALLIKARJUNA NAGARJUNA ETEA, AGED ABOUT 47 YEARS, RESIDING AT VILLA NO. 19, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 4. SMT. ANUBHUTI GUPTA, WIFE OF VINAY KUMAR SHARMA, AGED ABOUT 42 YEARS, RESIDING AT VILLA NO. 76, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22961 WP No. 10393 of 2026 ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 5. SRI. VINAY KUMAR SHARMA SON OF R.B. SHARMA AGED ABOUT 40 YEARS, RESIDING AT VILLA NO. 76, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 6. SRI. ABHISHEK JHA SON OF TARA NATH JHA AGED ABOUT 41 YEARS, RESIDING AT VILLA NO. 160, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 7. SRI. MANOJ KUMAR SON OF MUNGESHWAR YADAV, AGED ABOUT 41 YEARS, RESIDING AT VILLA NO. 74, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 8. SMT. KHUSHBOO KUMARI WIFE OF MANOJ KUMAR, AGED ABOUT 40 YEARS, RESIDING AT VILLA NO. 74, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 9. WING COMMANDER BINEESH M.S SON OF SADANANDAN, AGED ABOUT 42 YEARS, RESIDING AT VILLA NO. 187, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. - 3 - HC-KAR NC: 2026:KHC:22961 WP No. 10393 of 2026 10. SMT. NIMYA S KEERTHI WIFE OF WING COMMANDER BINEESH M.S AGED ABOUT 41 YEARS, RESIDING AT VILLA NO. 187, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 11. SRI. MADHU V.S SON OF V.S.R. MURTHY, AGED ABOUT 44 YEARS, RESIDING AT VILLA NO. 139, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 12. SMT. TUSHITHA WIFE OF DEEP NILESH TOLAT, AGED ABOUT 35 YEARS, RESIDING AT VILLA NO. 140, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 13. SRI. DEEP NILESH TOLAT, SON OF NILESH TOLAT, AGED ABOUT 31 YEARS, RESIDING AT VILLA NO. 140, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 14. SRI. CHAKRAVARTHY S.S SON OF SURESH S K H AGED ABOUT 43 YEARS, RESIDING AT VILLA NO. 131, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 15. SMT. NIVEDHITHA KK WIFE OF CHAKRAVARTHY S S, AGED ABOUT 40 YEARS, - 4 - HC-KAR NC: 2026:KHC:22961 WP No. 10393 of 2026 RESIDING AT VILLA NO. 131, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 16. SRI. KARTIK VISWESWARAN SON OF P. VISWESWARAN AGED ABOUT 51 YEARS, RESIDING AT VILLA NO. 129, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 17. SMT. RAJALAKSHMI VISWESWARAN WIFE OF KARTIK VISWESWARAN, AGED ABOUT 48 YEARS, RESIDING AT VILLA NO. 129, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 18. SRI. K. GOKULRAJ SON OF M. KARUNAKARAN, AGED ABOUT 38 YEARS, RESIDING AT VILLA NO. 134, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 19. SMT. S. KAVITHA WIFE OF K. GOKULRAJ, AGED ABOUT 37 YEARS, RESIDING AT VILLA NO. 134, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 20. SRI. PRADEEP MAHESHWARAN SON OF LAKSHMANAN, AGED ABOUT 38 YEARS, RESIDING AT VILLA NO. 176, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. - 5 - HC-KAR NC: 2026:KHC:22961 WP No. 10393 of 2026 21. SMT. VISHNU PRIYA MATHA WIFE OF PRADEEP MAHESHWARAM, AGED ABOUT 32 YEARS, RESIDING AT VILLA NO. 176, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 22. SRI. RAJESH RAGAVAN, SON OF K.V. RAGAVAN, AGED ABOUT 41 YEARS, RESIDING AT VILLA NO. 135, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. 23. SMT. VANITHA SUBRAMANI WIFE OF RAJESH RAGAVAN, AGED ABOUT 40 YEARS, RESIDING AT VILLA NO. 135, GOLDEN PEARL PHASE-I, INDLABELE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU RURAL- 562 107. …PETITIONERS (BY SRI. VENKATESH ARABATTI, ADVOCATE FOR SRI. K S HARISH.,ADVOCATE) AND: 1. LIC HOUSING FINANCE LIMITED HAVING ITS REGIONAL OFFICE AT NO. 137, HMG AMABASSADOR, 9TH FLOOR, SOUTH WING, RESIDENCY ROAD, BENGALURU 560 025. REPRESENTED BY ITS REGIONAL MANAGER 2. M/S GLOBAL DEVELOPERS SRI.LAKSHMI VENKATESHWRA TOWERS 2ND FLOOR, SY.NO.75/6 NEAR NEW HORIZON GURUKUL SCHOOL, PANATHUR TO DODDAKANAHALLI ROAD - 6 - HC-KAR NC: 2026:KHC:22961 WP No. 10393 of 2026 BANGALORE EAST 560 103. REPRESENTED BY ITS MANAGING PARTNER …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE INITIATION OF PROCEEDINGS BY THE R-2 UNDER THE SECURTIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (SARFAESI ACT) BY THE R-1 COMPANY IN RESPECT OF THE PROPERTIES OWNED BY THE PETITIONERS ARE ILLEGAL AND QUASH BY WRIT OF CERTIORARI THE POSSESSION NOTICE DTD. 13.02.2026 IN RESPECT OF THE PETITIONERS PROPERTIES PER ANNX-U AND DIRECTION TO THE R-1 COMPANY TO CONSIDER THE PETITIONERS REPRESENTATION DTD. 16.03.2026 PER ANNX-V. THIS PETITION, COMING ON FOR ORDERS, 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 reliefs. “Wherefore, it is prayed that this Hon’ble court may be pleased t grant the following relief: a. Declare that the initiation of proceedings by the respondent No.2 under the Securitization And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 (SARFAESI act) by the respondent No.1 company in respect of the properties owned by the petitioners are illegal; - 7 - HC-KAR NC: 2026:KHC:22961 WP No. 10393 of 2026 b. Quash by writ of certiorari the possession notice dated 06.02.2026 in respect of the petitioners properties per annexure-s c. Issue a writ of mandamus/direction to the respondent No.1 company to consider the petitioners representation dtd. 16.03.2026 per annexure-v; d. Award the costs of this petition; and e. Such other and further relief as may be just and necessary in the interest of justice.” 2. The respondents are LIC Housing Finance Ltd., and M/s Global Developers. 3. Learned counsel appearing for the petitioners has argued on the merits of the matter on how the actions of the respondents are arbitrary, illegal and discriminatory. This Court is not recording the submissions in detail for the reason that the respondents are LIC Housing Finance Ltd., and M/s Global Developers and 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 finance company. The petitioners have to go before the DRT. It is submitted that the petitioners may be permitted - 8 - HC-KAR NC: 2026:KHC:22961 WP No. 10393 of 2026 to participate in the proceedings that are pending before the Magistrate under Section 14 of the SARFAESI Act. If the petitioners want to participate in those proceedings and if they are legally entitled to, that is for the petitioners and this Court cannot pass such an order. 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 petitioners to avail the appropriate remedy. ii. The petitioners shall approach DRT within 30 days from the date of receipt of copy of this order. iii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 2 Sl No.: 12