- 1 - HC-KAR NC: 2026:KHC:18841 WP No. 9219 of 2022 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. 9219 OF 2022 (GM-DRT) BETWEEN: 1. SRI. B.S. VIVEKANANDA S/O SRI. K.V. SREENIVASAMURTHY, AGED ABOUT 35 YEARS, R/AT NO.1/3, OBALAPPA CROSS, CHIKKAMAVALLI, BENGALURU SOUTH, BASAVANAGUDI, BENGALURU - 560 004. 2. SMT. S. GOWTHAMI W/O. SRI. B.S. VIVEKANANDA, AGED ABOUT 32 YEARS, R/AT NO.1/3, OBALAPPA CROSS, CHIKKAMAVALLI, BENGALURU SOUTH, BASAVANAGUDI, BENGALURU - 560 004 …PETITIONERS (BY SRI. NAGENDRA KUMAR K., ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18841 WP No. 9219 of 2022 AND: 1. M/S. EDELWEISS ASSET RECONSTRUCTIONS COMPANY LIMITED TRUSTEE OF EARC TRUST - SC 439, CORPORATE IDENTITY NO.U67100MH2007PLC174759 REGISTERED OFFICE AT EDELWEISS HOUSE, OFF CST ROAD, KALINA, MUMBAI - 400 038. …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED POSSESSION NOTICE DATED 08.03.2022, ISSUED AGAINST THE SCHEDULE PROPERTY OF THE PETITIONER IS CONCERN PASSED BY THE RESPONDENT, AS PER ANNEXURE - M. DIRECTING THE RESPONDENT TO EXCLUDE THE SCHEDULE PROPERTY OF THE PETITIONER HEREIN IN THE POSSESSION NOTICE AND DIRECT TO STOP FURTHER PROCEEDINGS IN-PURSUANCE OF THE POSSESSION NOTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:18841 WP No. 9219 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayers: "Issue a Writ of Certiorari or any appropriate order by quashing the impugned Possession Notice dated 08.03.2022, issued against the schedule property of the petitioner is concern passed by the respondent, as per Annexure - M, in the interest of justice and equity. Issue a Writ of Mandamus or any appropriate order by directing the respondent to exclude the schedule property of the petitioner herein in the possession notice and direct to stop further proceedings in-pursuance of the Possession Notice, in the interest of justice and equity. Issue a Writ of Mandamus or any appropriate order directing the respondents to pay cost to the petitioners, in the interest of justice. Grant any other relief or order or direction this Hon'ble Court may deem fit and proper under the facts and - 4 - HC-KAR NC: 2026:KHC:18841 WP No. 9219 of 2022 circumstances of this case, in the interest of justice and equity." 2. The writ petition is of the year 2022. The writ petition is filed against the respondent M/s.Edelweiss Asset Reconstructions Company Limited, which is a private finance company. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257- 259 of 2022, a writ petition against the private financial institution is not maintainable. 3. Hence, the writ petition is liable to be dismissed as not maintainable. However, on 05.05.2022, a Co-ordinate Bench of this Court passed an interim order in favour of the petitioners. Considering the same, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioners to avail the appropriate remedy before the DRT. - 5 - HC-KAR NC: 2026:KHC:18841 WP No. 9219 of 2022 ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. In view of the interim order granted earlier, the respondents shall not take any coercive action for a period of 4 weeks from the date of receipt of a copy of this order. iv. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 6