- 1 - HC-KAR NC: 2026:KHC:25262 WP No. 15998 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MAY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15998 OF 2026 (GM-DRT) BETWEEN: 1. D.S. ENTERPRISES, REP. BY PROPRIETOR N DASTHAGIRI SAB NO.115, GROUND FLOOR, BELLANDUR GREEN GLEN LAYOUT, BENGALURU SOUTH, KARNATAKA - 560 103. 2. N. DASTHAGIRI SAB, AGED ABOUT 46 YEARS, S/O ABDUL KUDDUSH, 3. SHAHTAJ S, W/O N DASTHAGIRI SAB, AGED ABOUT 38 YEARS, BOTH ARE R/AT NO.114/1, SHAHATHAJ RESIDENCY, SHOBHA CLUB HOUSE, GREEN GLEN LAYOUT, BELLANDUR, BENGALURU - 560 103. …PETITIONERS (BY SRI. MADHUKESHWARA R.P, ADVOCATE) AND: M/S. AMBIT FINVEST PRIVATE LTD. (AFPL) REPRESENTED BY ITS AUTHORIZED OFFICER, HAVING REGISTERED OFFICE AT AMBIT HOUSE, 449, SENAPATTI BAPAT MARG, LOWER PAREL, MUMBAI - 400 013 BRANCH OFFICE AT 21/15, 11 FLOOR, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25262 WP No. 15998 of 2026 NEAR TRINITY METRO STATION, M.G ROAD, BANGALORE - 560 001. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 18.03.2024 IN CRL.MISC.NO.6105/2023, XXXVII ADDL. CMM, BENGALURU AS PER ANNEXURE -A AND ETC., 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 prayer: "PRAYER Wherefore, the Petitioners respectfully prays that this Hon'ble Court may be pleased to:- a) Issue a Writ in the nature of certiorari to quashing the impugned order dated 18.03.2024 in Crl.Misc.No.6105/2023, XXXVII Addl. CMM, Bengaluru as per Annexure-A. b) Pass such other order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case including costs, in the interest of justice and equity." 2. The respondent is M/s. Ambit Finvest Private Ltd. (AFPL). In the light of the law laid down by the Hon'ble Apex - 3 - HC-KAR NC: 2026:KHC:25262 WP No. 15998 of 2026 Court in case of S.Shobha Vs. Muthoot Finance Ltd.1 OR Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir and Others2 (as dictated), the writ petition is not maintainable against the private finance company. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioners to avail appropriate remedy before the DRT within a period of 30 days from the date of receipt of a copy of this order. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE GJM List No.: 1 Sl No.: 52 1 2025 INSC 117 2 (2022) 5 SCC 345