- 1 - HC-KAR NC: 2026:KHC:23173 WP No. 25537 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 25537 OF 2023 (GM-RES) BETWEEN: SRI. B.R. SRIKANTHA S/O LATE SRI. B. RAJASHEKARAPPA AGED ABOUT 52 YEARS R/O NO.18, YALAVATTI VILLAGE, HASUDI POST SHIVAMOGGA TALUK AND DISTRICT SHIVAMOGGA - 577 222 …PETITIONER (BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE) AND: 1. M/S PERIMAL CAPITAL AND HOUSING FINANCE LTD. (FORMERLY KNOWN AS DEWAN HOUSING FINANCE CORPORATION LTD) HAVING REG. OFFICE IN MUMBAI ALSO OFFICE AT PL ARCADE FIRST FLOOR OPP. GOVT SCIENCE COLLEGE, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23173 WP No. 25537 of 2023 B H ROAD, BESIDE GIRIYAS SHIVAMOGGA - 577 201 REP BY THE MANAGER 2. SRI PRASHANTH KANCHAN S/O NOT KNOWN MAJOR BY AGE 3. SMT SHWETHA K W/O SRI PRASHANTH KANCHAN MAJOR BY AGE BOTH R2 AND R3 ARE R/O NO.4/140, NA SHIRIYARA PETE SHIRIYARA PETE, SHIRIYARA UDUPI UDUPI - 576 210 …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE POSSESSION NOTICE 31.10.2023 ISSUED BY THE R1 BANK U/S 13(4) OF THE SARFAESI ACT, 2002 AND RLE 8 OF THE SAID RULES, AS PER ANNEXURE-J HOLDING THE SAME AS ILLEGAL AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:23173 WP No. 25537 of 2023 ORAL ORDER The present writ petition is filed seeking the following prayers: "a. Set-aside the Possession Notice dated 31/10/2023 issued by the Respondent No.1 bank under Sec.13(4) of the SARFAESI Act, 2002 and Rule 8 of the said Rules, as per ANNEXURE-J holding the same as illegal; b. Issue Writ or Direction to the Respondent No.1 including any servants, agents or officers of the Respondent No.1, not to take actual/ physical possession of the Schedule property; and c. Pass such other order or direction that this Hon’ble Court deems fit to pass in the circumstances of the case." 2. The writ petition is of the year 2023. The writ petition is filed against the respondent Perimal Capital and 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- - 4 - HC-KAR NC: 2026:KHC:23173 WP No. 25537 of 2023 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 and 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 before the DRT. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 23