- 1 - HC-KAR NC: 2026:KHC:19038 WP No. 13058 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 13058 OF 2025 (GM-DRT) BETWEEN: SATISH KUMAR J. P. AGED ABOUT 49 YEARS, S/O. LATE PANDURANGA, R/AT, NO.19/A, 1ST CROSS, 2ND MAIN ROAD, PRAKASH NAGAR, BENGALURU-560 021. …PETITIONER (BY SRI. PRABHUGOUDA B TUMBIGI, ADVOCATE) AND: 1. RELIANCE COMMERCIAL FINANCE LTD., THE RUBY, 11TH FLOOR, NORTH-WEST WING, PLOT NO.29, SENAPATI BAPAT MARG, DADAR (WEST), MUMBAI-400 028 REP BY AUTHORIZED OFFICER 2. SMALL BUSINESS FIN CREDIT PVT LTD., (SBFC) NO.103, FIRST FLOOR, C AND B SQUARE, SANGAM COMPLEX, ANDHERI KURLA ROAD, CHAKALA, ANDHERI EAST, MUMBAI-400 059 REP. BY AUTHORIZED OFFICER Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19038 WP No. 13058 of 2025 3. AUTHUM INVESTMENT AND INFRASTRUCTURE LTD., REGISTERED OFFICE NO.707, RAHEJA CENTRE, FREE PRESS JOURNAL ROAD, NARIMAN POINT, MUMBAI-400 021 REP. BY ITS AUTHORIZED OFFICER 4. AUTHUM INVESTMENT AND INFRASTRUCTURE LTD., NO.39, 30TH CROSS ROAD, THILAK NAGAR, BANNERAGHATTA ROAD, BENGALURU-560 029 REP BY ITS AUTHORIZED OFFICER …RESPONDENTS (BY SRI.FRANCIS XAVIER, ADVOCATE FOR R3 & R4 R1 & R2 ARE SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE POSSESSION NOTICE DATED 28.01.2025 ISSUED BY THE RESPONDENT NO.3 AND 4 IN RESPECT OF SCHEDULE PROPERTY PRODUCED VIDE ANNEXURE-H TO THE ABOVE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:19038 WP No. 13058 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayer: "PRAYER WHEREFORE, it is humbly prayed that this Hon'ble Court be pleased to; i) Issue a writ in the nature of certiorari thereby quashing the possession Notice dated 28.01.2025 issued by the respondent No.3 & 4 in respect of Schedule Property produced vide Annexure-H to the above writ petition, in the interest of justice and equity and; ii) Issue Writ of Mandamus there by directing the respondents to not proceed in any manner contrary to the interest of the petitioner by considering the representation cum reply dated 21.03.2025 produced vide Annexure-J, in the interest of justice and; iii) Pass any other order or direction as this Hon ble court deems fit in view of the facts and circumstances of the case, in the interest of justice and equity." 2. In the light of the law laid down by the Hon'ble Apex Court in case of Phoenix Arc Private Limited Vs. Vishwa Bharati Vidya Mandir and Others1, the writ petition against 1 (2022) 5 SCC 345 - 4 - HC-KAR NC: 2026:KHC:19038 WP No. 13058 of 2025 private finance company is not maintainable. Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail appropriate remedy before the Debts Recovery Tribunal. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. A Co-ordinate Bench of this Court had granted interim order, it shall be in force for a period of four weeks from the date of receipt of copy of the order. iv. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.: 1 Sl No.: 46