- 1 - HC-KAR CNR: KAHC010398272022 NC: 2026:KHC:52019 WP No. 17355 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17355 OF 2022 (GM-DRT) BETWEEN: 1. M/S RADIANT STRUCTURE PRIVATE LIMITED A PRIVATE LIMITED COMPANY HAVING IT REGISTERED OFFICE AT NO. 59, 14TH CROSS, ROAD, 1st PHASE, JP NAGAR, BENGALURU 570 078 ALSO AT NO. 75/757, VASAVI SQUARE, ABOVE IDBI BANK, FIRST FLOOR, JAYANAGAR 4tH BLOCK, BENGALURU 560 011. 2. MR. RAGHAVENDRA REDDY M S/O M DEVA REDDY, AGED ABOUT 51 YEARS, NO. 257, 7tH MAIN ROAD, 4th CROSS, 4th PHASE, JP NAGAR, DOLLARS LAYOUT, BENGALURU 560 078. 3. MRS. ANITHA THALLURI W/O RAGHAVENDRA REDDY M AGED ABOUT 45 YEARS, NO. 257, 7th MAIN ROAD, 4th PHASE, J P NAGAR, DOLLARS LAYOUT, BENGALURU 560 078. …PETITIONERS (BY SRI. K.V. SATEESHCHANDRA, ADVOCATE) Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 2 - HC-KAR CNR: KAHC010398272022 NC: 2026:KHC:52019 WP No. 17355 of 2022 AND: 1. M/S TATA CAPITAL HOUSING FINANCE LIMITED R/O 11th FLOOR, A PENINSULA BUSINESS PARK, GANPATRA KADAM MARG, LOWER PAREL, MUMBAI, 400 013 REP BY ITS MANAGER FINANCIAL INSTITUTION UNDER COMPANIES ACT. …RESPONDENT (BY SRI. RAVI SHANKAR .R, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT BY WAY OF POSSESSION NOTICE, DATED 31.08.2019 ISSUED BY THE RESPONDENT VIDE ANNEXURE-D TCHFL/AUG 19/68; 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 petitioners, who are the borrowers and admitted defaulters, have challenged the possession Notice dated 31.08.2019 issued by the respondent as per Annexure-D under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”). Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010398272022 NC: 2026:KHC:52019 WP No. 17355 of 2022 2. Though the Hon’ble Apex Court has consistently held that no indulgence would be granted to a default borrowers, when action is contemplated by the Secured Creditor under the provisions of SARFAESI Act, this Court vide order dated 02.09.2022 granted stay subject to deposit of 30% of the amount under three instalments. 3. The learned counsel appearing for the respondent submits that this interim order is not complied and not a single rupee is deposited. 4. There is no representation on behalf of the petitioners. 5. The petitioners, taking the undue advantage of the conditional interim order granted by this Court, have virtually stalled the recovery proceedings for close to four years. 6. It is now well settled by a catena of decisions of the Hon’ble Supreme Court, consistently followed by this Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010398272022 NC: 2026:KHC:52019 WP No. 17355 of 2022 Court, that measures initiated by a secured creditor under the provisions of the SARFAESI Act are not ordinarily amenable to the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Therefore, the writ petition is devoid of merits and accordingly, stands dismissed. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 12 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified