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2026 DAILYLAW 36947 (KAR)

ANNAMALAI S v. AADHAR HOUSING FINANCE LIMITED

WP/25541/2024 · 2026-08-29

Jyoti M

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010537832024 NC: 2026:KHC:46772 WP No. 25541 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 25541 OF 2024 (GM-DRT) BETWEEN: ANNAMALAI S., S/O. NOT KNOWN, AGED ABOUT 55 YEARS, RESIDING AT 1119, THENDRAL NAGAR, VENGIKKAL (POST AND VILLAGE), TIRUVANNAMALAI DISTRICT, TAMIL NADU - 606 604. …PETITIONER (BY SMT. PREETI K.DIXIT, ADVOCATE FOR SRI. ANISH ACHARYA, ADVOCATE) AND: AADHAR HOUSING FINANCE LIMITED CORPORATE OFFICE AT 802, NATARAJ BY RUSTOMJEE, WESTERN EXPRESS HIGHWAY, SIR M.V. ROAD, ANDHERI EAST, MUMBAI MAHARASHTRA - 400 069 BRANCH OFFICE AT OFFICE NO.180, AMRUTHA, 5TH MAIN, 4TH T BLOCK WEST, JAYANAGAR, BENGALURU - 560 011 REPRESENTED BY ITS AUTHORIZED OFFICER MANJUNATHA K.R. …RESPONDENT (BY SRI. D.NARAYANASWAMY, ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010537832024 NC: 2026:KHC:46772 WP No. 25541 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Preeti K.Dixit., counsel on behalf of Sri.Anish Acharya., for the petitioner and Sri.D.Narayana Swamy, counsel for respondent appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of certiorari to quash the auction sale dated 04.09.2024 fixing the auction on 20.09.2024 issued by the respondent vide Annexure-A. (ii) Declare the auction sale issued by the respondent dated 04.09.2024 illegal. (iii) Pass such other and further orders as this Hon'ble Court deems fit under the facts and circumstances, in the interest of justice and equity. 3. Counsel for the respective parties urged several contentions. Counsel for the respondent submits that the petitioner has not complied with the interim order. Counsel, therefore, - 3 - HC-KAR CNR: KAHC010537832024 NC: 2026:KHC:46772 WP No. 25541 of 2024 submits that the petition is devoid of merit and liable to be dismissed. 4. Heard the arguments and perused the papers with care. 5. The authorized officer of the respondent had issued auction sale notice on 04.09.2024. The law is settled that auction sale notice cannot be assailed under writ jurisdiction. Furthermore, the petitioner has not complied with the interim order. Hence, there is no need to exercise any discretionary powers under writ jurisdiction to entertain the petition. The petition is devoid of merits. The petitioner may approach the appropriate forum if so advised and if the law permits. 6. Accordingly, the writ petition is dismissed Because of dismissal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 12