- 1 - HC-KAR NC: 2026:KHC:25290 WP No. 15808 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. 15808 OF 2026 (GM-DRT) BETWEEN: MRS. AISHA SALEEM MOGRAL W/O MR. SALEEM FAKRUDDIN MOGRAL AGED ABOUT 43 YEARS, RESIDING AT C/O A.AHMED SILVER OAKS, FLAT NO.209 KAVALBYSANDRA BENGALURU-560 032 …PETITIONER (BY SRI. MOHAN H.S., ADVOCATE) AND: ASSETS CARE AND RECONSTRUCTION ENTERPRISES LTD.,(ACRE) HOUSING FINANCE LTD., REPRESENTED BY ITS AUTHORIZED OFFICER, HAVING ITS OFFICE AT UNIT NO.502, C WING, ONE BKC PLOT NO.C-66, G BLOCK BANDRA KURLA COMPLEX MUMBAI-400 051 REGISTERED UNDER COMPANIES ACT 2013 AND ALSO REGISTERED OFFICE AT 14TH FLOOR, EROS CORPORATE TOWER, NEHRU PLACE NEW DELHI-110 019 …RESPONDENT Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25290 WP No. 15808 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO ACCEPT THE POWER OF ATTORNEY AND AFFIDAVIT FURNISHED BY THE PETITIONER PRODUCED IN ANNEXURE-F TO RELEASE THE MOVABLE AS PER THE LIST. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed against Assets Care & Reconstruction Enterprise Limited., (ACRE) Housing Finance Ltd., which is a private Bank 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 Assets Care & Reconstruction Enterprise Limited., (ACRE) Housing Finance Ltd., which is a private Bank. Accordingly, this Court is passing the following: - 3 - HC-KAR NC: 2026:KHC:25290 WP No. 15808 of 2026 ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy before the DRT. ii. Petitioner shall approach the DRT within 30 days from the date of receipt of the copy of the order. iii. The petitioner 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 TS List No.: 1 Sl No.: 77