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2026 DAILYLAW 37712 (KAR)

RAVISHANKAR J.H v. REPCO HOME FINANCE LTD

WP/26955/2023 · 2026-09-02

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010635052023 NC: 2026:KHC:47789 WP No. 26955 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 26955 OF 2023 (GM-DRT) BETWEEN: RAVISHANKAR J.H., S/O. HOBALAPPA, AGED ABOUT 51 YEARS, R/AT NO.1056, OLD NO.7, 9TH CROSS, PRAKRUTHI LAYOUT, SIDDEDAHALLI, NAGASANDRA POST, BENGALURU - 560 073. …PETITIONER (BY SRI. CHETHAN KUMAR S., ADVOCATE FOR SRI. HARSHA D. JOSHI, ADVOCATE) AND: 1. REPCO HOME FINANCE LTD., REPRESENTED BY ITS AUTHORIZED OFFICER-MANAGER, REGISTERED OFFICE REPCO TOWER, NO.3, NORTH USMAN ROAD T.NAGAR, CHENNAI - 600017. 2. REPCO HOME FINANCE LTD., REPRESENTED BY ITS AUTHORIZED OFFICER, OFFICE AT NO.109, 1ST FLOOR, A-WING, VITTAL TOWER, M.G. ROAD, BENGALURU - 560001. …RESPONDENTS (BY SRI. N.SURESHA, ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010635052023 NC: 2026:KHC:47789 WP No. 26955 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Chethan Kumar S., counsel on behalf of Sri.Harsha D.Joshi, for the petitioner and Sri.N.Suresha, counsel for respondents appeared in person. 2. This petition is filed seeking following reliefs: (i) Issue a writ of Certiorari and quash the e- auction notice dated 19.10.2023 issued in S.No.10/206 by the respondents in bringing the property of the petitioner for sale as an Annexure-C. (ii) Grant such other relief / reliefs as this Hon'ble Court deems it fit and appropriate on the facts and in the circumstances of the case, including costs of this petition, to meet the ends of justice. - 3 - HC-KAR CNR: KAHC010635052023 NC: 2026:KHC:47789 WP No. 26955 of 2023 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care. 4. The authorized officer of the respondents have issued an e-auction sale notice for sale of immovable properties of mortgage to Repco Home Finance Ltd. under the SARFAESI Act. The e-auction sale notice cannot be assailed by invoking writ jurisdiction as the petitioner/litigant has the statutory remedy of approaching the Tribunal. Hence, there is no need to exercise discretionary powers under writ jurisdiction. The petitioner may approach the appropriate forum if so advised and if the law permits. 5. 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.: 1