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2026 DAILYLAW 31210 (KAR)

MR. S N SHASHIDAR v. M/S L AND T HOUSING FINANCE LTD.,

WP/33814/2024 · 2026-07-27

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010725432024 NC: 2026:KHC:38668 WP No. 33814 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 33814 OF 2024 (GM-DRT) BETWEEN: 1. MR. S.N.SHASHIDAR, S/O. NAGARAJ, AGED ABOUT 48 YEARS, 2. MR. NAGAMMA G.N., W/O. NAGARAJ, AGED ABOUT 68 YEARS, BOTH ARE RESIDING AT: NO.1060, YASHA 1ST CROSS, GANGE ROAD, KUVEMPUNAGAR, MYSORE-570023. …PETITIONERS (BY SMT. KAVITHA D., ADVOCATE) AND: M/S. L AND T HOUSING FINANCE LTD., (REGISTERED UNDER THE COMPANIES ACT, 1956) NO.666, 1ST FLOOR, CHAMRAJ DOUBLE ROAD, MYSORE-570023. …RESPONDENT (BY SRI. AVINASH B.C., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010725432024 NC: 2026:KHC:38668 WP No. 33814 of 2024 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Kavitha D., counsel for the petitioners appeared through video conferencing and Sri.Avinash B.C., counsel for the respondent appeared in person. 2. This petition is filed seeking following reliefs: (a) Issue a writ of certiorari by setting aside the demand notice dated 06.11.2024 vide Annexure-G issued by the respondent company, stating that the entire recovery proceedings initiated by the respondent company against the schedule property are illegal and in violation of the SARFAESI Act, 2002. (b) Issue writ of mandamus to the respondent company, not to take any further action against the schedule property and to accept the petitioner's representation dated 23.11.2024 vide Annexure-H to settle the loan account through OTS amount by granting him a moratorium time of six months upon acceptance of the said proposal. (c) Issue such other orders or direction/s as may be deemed fit to grant, including cost of the case in - 3 - HC-KAR CNR: KAHC010725432024 NC: 2026:KHC:38668 WP No. 33814 of 2024 the view of facts and circumstances of this above case in the interest of justice and equity. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The principal prayer is to quash the demand notice. However, on instruction counsel for the petitioner submits that the petition may be disposed of directing the respondent / Bank to consider the representation dated 23.11.2024. Counsel for respondent submits that he has no objection to accord the prayer. 5. Submission made on behalf of the respective parties is noted. 6. The respondent is directed to consider the representation submitted by the petitioner on 23.11.2024 within a period of two weeks from the receipt of certified copy of this order in accordance with the law. 7. Accordingly, the writ petition is disposed of. - 4 - HC-KAR CNR: KAHC010725432024 NC: 2026:KHC:38668 WP No. 33814 of 2024 Because of disposal of the Writ Petition, all pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 49