- 1 - HC-KAR NC: 2026:KHC:14504 WP No. 7339 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 7339 OF 2026 (GM-DRT) BETWEEN: 1. SRI. V.N. MARIMUTHU @ N. MARIMUTHU AGED ABOUT 64 YEARS, S/O. SRI. A. NALLASWAMY, 2. SRI. M. SUNDAR, AGED ABOUT 39 YEARS, S/O. SRI. N.MARIMUTHU 3. SRI. M. ANAND, AGED ABOUT 37 YEARS, S/O. SRI. N.MARIMUTHU, PETITIONER NO.1 TO 3 ARE RESIDING AT NO.62/A, HENNUR BANDE, HORMAVU POST, BANGALORE-560 113 4. SRI. NAGESHA, AGED ABOUT 44 YEARS, S/O. LATE ESHWARAPPA, RESIDING AT 2/2/1, 1ST MAIN, DODDARAMANNA LAYOUT, NEAR SUBRAMANYA SWAMY TEMPLE, HENNUR VILLAGE, KALYANAGAR POST, BENGALURU-560 043. …PETITIONERS (BY SRI. BHARADWAJ K.R., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14504 WP No. 7339 of 2026 AND: 1. TATA CAPITAL HOUSING FINANCE LIMITED 11TH FLOOR, TOWER A, PENINSULA BUSINESS PARK, GANPATRAO KADAM MARG, LOWER PANEL, MUMBAI-400 013. REPRESENTED BY ITS AUTHORIZED SIGNATORY 2. SRI. VISHAL S.K., AGED ABOUT 34 YEARS, S/O. SRI. KARUNAKARAN J.M., RESIDING AT NO. 1064-G, 7TH MAIN, HBR LAYOUT, 4TH BLOCK, KALYAN NAGAR, BANGALORE -560 043 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION AND THEREBY QUASH THE POSSESSION NOTICE DATED 21-11-2025 UNDER SECTION 13 (4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 (THE SARFAESI ACT, 2002) AT ANNEXURE- A IN THE INTEREST OF JUSTICE AND EQUITY. 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:14504 WP No. 7339 of 2026 ORAL ORDER The present writ petition is filed seeking the following prayer: “Therefore, under the circumstances, the petitioners above named pray that this Hon’ble Court be pleased to: i. Issue a writ of Certiorari or any other appropriate writ or direction and thereby quash the Possession Notice dated 21-11-2025 under Section 13 (4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("The SARFAESI ACT, 2002") at Annexure A in the interest of Justice and equity. ii. And grant such other writ/order/direction as this Hon’ble Court deemed fit under the circumstances of the case, in the interest of justice and equity. 2. 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-1/Tata Capital Housing Finance Limited. 3. Learned counsel appearing for the petitioner submits that the liberty may be granted to avail the appropriate remedy in accordance with law. - 4 - HC-KAR NC: 2026:KHC:14504 WP No. 7339 of 2026 4. 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 petitioner to avail the appropriate remedy. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act, 1963. iii. All pending I.As., in the petition shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 53