- 1 - HC-KAR CNR: KAHC010231882024 NC: 2026:KHC:54330 WP No. 11647 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 11647 OF 2024 (GM-DRT) BETWEEN: 1. SMT. PANDISELVI A W/O LATE RAJSHEKAR, AGED ABOUT 56 YEARS, NO. 2085, 10TH CROSS, 10TH MAIN, SANJIVINI NAGAR, SAHAKARANAGAR, SAHAKARNAGAR P.O BANGALORE-560092. …PETITIONER (BY SRI. N SURESHA.,ADVOCATE) AND: 1. NIVARA HOME FINANCE LTD NO. 22,23,24,25/101/3 3RD FLOOR, BNR COMPLEX, SRI RAMA LAYOUT, OPP RBI LAYOUT, 7TH PHASE, J.P NAGAR, BANGALORE-56078 REPRESENTED BY AUTHORIZED OFFICER / SENIOR MANAGER. 2. RICHARD BERTONS S/O SANDY HAGU, AGED ABOUT 40 YEARS, NO. 20/A, MARIYANNA PALYA ROAD, NEAR BUS STOP ANANDNAGAR, BANGALORE-56024. - 2 - HC-KAR CNR: KAHC010231882024 NC: 2026:KHC:54330 WP No. 11647 of 2024 3. VINOD KUMAR S/O LATE RAJASHEKAR, AGED ABOUT 33 YEARS, NO.2085, 10TH CROSS, 10TH MAIN, SANJIVINI NAGAR, SAHAKARNAGAR, SAHAKARNAGAR P.O BANGALORE-560092. 4. BALARAJ S S/O SANDY HAGU, AGED ABOUT 42 YEARS NO. 200/A, MARIYANNA PALYA ROAD, NEAR BUS STOP, ANANDNAGAR, BANGALORE-56024. …RESPONDENTS (BY SRI. SHARATH KUMAR SHETTY.,ADVOCATE FOR R1 NOTICE TO R4 IS HELD SUFFICIENT V/O DTD 21.8.2024) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH POSSESSION DTD. 09.01.2024 AS PER ANNX-C. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER 1. The present petition is filed seeking for the following reliefs: "a. to issue writ of Certiorari to quash Possession dated 9.1.2024 as per Annexure-C. b. Writ of Mandamus directing the respondent No.1 to consider the petitioners representation Dt:5/1/24 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010231882024 NC: 2026:KHC:54330 WP No. 11647 of 2024 for regularising the loan account as per Annexure- B. (C) To grant such other relief as the Hon'ble Court deems fit and other circumstances." 2. Learned counsel for respondent No.1-Financial Institution submits that pursuant to the interim order dated 10.06.2024 passed by this Court in the present writ petition, the petitioner has deposited a sum of Rs.4 lakhs, consequent to which no further amounts have been paid by the petitioner towards re- payment of the credit facilities availed from respondent No.1. 3. Learned counsel for respondent No.1 submits that the total amount due is (Rs.10,12,874 + Rs.8,95,643/-) Rs.19,08,517/- in respect of two credit facilities availed by the petitioner. That respondent No.1 has issued a notice dated 19.09.2026 under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021 and that the earlier possession notice dated 09.01.2024 (Annexure - C to the writ petition) which is impugned in the present writ petition has been withdrawn. 1 Hereinafter referred to as 'SARFAESI Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010231882024 NC: 2026:KHC:54330 WP No. 11647 of 2024 4. In view of the fact that respondent No.1 has withdrawn the impugned possession notice dated 09.01.2024 and since respondent No.1 has initiated proceedings under the provisions of the Act, the present writ petition stands disposed of. 5. This order shall not precluded the parties from availing appropriate measures/remedies in accordance with law. (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 30 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA