- 1 - HC-KAR CNR: KAHC010460582022 NC: 2026:KHC:50002 WP No. 19910 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 19910 OF 2022 (GM-DRT) BETWEEN: 1. SRI GANESH JOSHI S/O SHANKAR JOSHI AGED ABOUT 50 YEARS R/O SITES NO. 13(EP) MANASA ENCLAVE, 1ST MAIN 3RD CROSS NEAR UNICCA EMPORIS APTS VATHUR, BENGALURU-560087. …PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE) AND: 1. AUTHORISED OFFICER REPCO HOME FINANCE LIMITED REPCO TOWER, NO.33 NORTH USMAN ROAD T NAGAR, CHENNAI-600017. 2. SENIOR MANAGER/AUTHORISED SIGNATORY/AUTHORISED OFFICER REPCO HOME FINANCE LIMITED BASAVESHWARA NAGARA BRANCH DOOR NO.51, ABOVE NAMMA UPACHARA 1ST CROSS, LIC MODEL COLONY 3RD STAGE, 4TH BLOCK, WEST OF CHORD ROAD Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010460582022 NC: 2026:KHC:50002 WP No. 19910 of 2022 BASAVESHWARA NAGARA BENGALURU-560079. …RESPONDENTS (R2 SERVED AND UNREPRESENTED) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 05.08.2022 VIDE REF NO. RHFL/SARF/BWR/4892/2022(08/35) ISSUED BY THE 1ST RESPONDENT VIDE ANNEXURE-E; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed questioning the notice dated 05.08.2022 issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'), dehors the Authoritative judgments rendered by the Hon'ble Apex Court. 2. This Court vide order dated 30.09.2022 granted some indulgence to the petitioner by way of conditional interim order subject to deposit of the amount as indicated in the interim order. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010460582022 NC: 2026:KHC:50002 WP No. 19910 of 2022 3. Despite the interim order granted way back in 2022, the petitioner has not produced any acknowledgment or other materials demonstrating compliance with the order dated 30.09.2022. The petitioner, despite having secured an interim order , has failed to comply with the conditions imposed therein and has thereby misused the writ jurisdiction. Therefore, the writ petition is dismissed reserving liberty to the secured creditor to proceed under the provisions of the 'SARFAESI Act'. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 8 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified