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2026 DAILYLAW 19770 (KAR)

SMT SINDHUJA S v. AUTHUM INVESTMENT AND INFRASTRUCTURE LTD

WP/15909/2026 · 2026-05-26

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25259 WP No. 15909 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. 15909 OF 2026 (GM-DRT) BETWEEN: SMT SINDHUJA S W/O GURURAJ RAO AGED ABOUT 26 YEARS NO.714/10B, RAGHAVENDRA SCHOOL ROAD CHIKKANAHALLI NEW LAYOUT NITTUVALLI DAVANAGERE - 577 004 …PETITIONER (BY SRI. KAVITHA N., ADVOCATE) AND: AUTHUM INVESTMENT AND INFRASTRUCTURE LTD (REGISTERED UNDER NBFC ) REP BY ITS CHIEF MANAGER/AUTHORIZED OFFICER NO.37, 3RD FLOOR BHARAMANANDA COURT LALBAGHA ROAD BANGALORE - 560 027 …RESPONDENT (BY SRI. S. LAKSHMINARAYANA, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESPONDENT BANK TO RESTORE/RE-DELIVER POSSESSION OF THE SCHEDULE PROPERTY TO THE PETITIONER UPON DEPOSIT/PAYMENT OF A SUM OF RS.50,00,000/- BY THE PETITIONER WITHIN SUCH TIME AS MAY BE FIXED BY THIS Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25259 WP No. 15909 of 2026 HON'BLE COURT AND CONSEQUENTLY PERMIT THE PETITIONER TO REGULARIZE THE LOAN ACCOUNT IN ACCORDANCE WITH LAW (IN SO FAR AS PETITIONER CONCERN) 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: WHEREFORE, the Petitioner most respectfully prays before this Hon'ble Court that in view of the facts and grounds mentioned above, the Petitioner prays for the following reliefs: a) Direct the Respondent Bank to restore/re- deliver possession of the schedule property to the Petitioner upon deposit/payment of a sum of Rs.50,00,000/- by the Petitioner within such time as may be fixed by this Hon'ble Court and consequently permit the Petitioner to regularize the loan account in accordance with law; (In so far as petitioner concern) b) Issue directions to the Respondent Bank not to take physical possession without following due process of Law. c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:25259 WP No. 15909 of 2026 2. The writ petition is filed against Authum Investment and Infrastructure Ltd. 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 respondent/company. 3. In that view of the matter, this Court is passing the following: ORDER i. The writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE AMA List No.: 1 Sl No.: 25