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2026 DAILYLAW 43852 (KAR)

SRI VIJAYAKUMAR T S v. M/S BAJAJ FINANCE LTD (BFL)

WP/34442/2024 · 2026-09-30

T P Vivekananda

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010731832024 NC: 2026:KHC:54634 WP No. 34442 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO. 34442 OF 2024 (GM-RES) BETWEEN: SRI. VIJAYAKUMAR T.S S/O SRI. T.S. SIDDESHWAR AGED ABOUT 56 YEARS R/AT NO.1137/EA 3RD B MAIN ROAD VIJAYANAGAR 2ND STAGE HAMPINAGARA BENGALURU-560 104 …PETITIONER (BY SRI: C GANGADHARAPPA, ADVOCATE) AND: 1. M/S. BAJAJ FINANCE LTD (BFL) (A NON BANKING FINANCIAL COMPANY) REP. BY AUTHORIZED OFFICER CORPORATE OFFICE AT: BAJAJ FINSERV CORPORATE OFFICE 4TH FLOOR, OFF PUNE AHMEDNAGAR ROAD VIMAN NAGAR, PUNE- 411 014 BRANCH AT: 801 TO 805 8TH FLOOR, RCU PRESTIGE TOWER RESIDENCY ROAD ASHOKNAGAR BENGALURU-560 025 Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010731832024 NC: 2026:KHC:54634 WP No. 34442 of 2024 2. SRI. HANUMANTHA RAO S/O SRI SHANKAR RAO MAJOR R/AT NO 109, DURGA PARAMESHWARI NILAYA, KERE PALYA HOSAKEREHALLY BANASHANKARI 3RD STAGE BENGALURU -560 085 …RESPONDENTS (BY SRI: FRANCIS XAVIER, ADVOCATE FOR R1; R2 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED DEMAND NOTICE REF NO.BFL/SME/DMN/GAD/ SEP/2024/0032 DATED 21.09.2024 ISSUED BY THE RESPONDENT NO.1 AS PER ANNEXURE-A IN RESPECT OF THE SCHEDULE PROPERTY IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA - 3 - HC-KAR CNR: KAHC010731832024 NC: 2026:KHC:54634 WP No. 34442 of 2024 ORAL ORDER The petitioner is before this Court calling in question the demand notice dated 21.09.2024 at Annexure-A. 2. Annexure-A is the notice issued by respondent No.1 - A Non-banking Financial Company to the petitioner herein calling upon him to pay the outstanding loan amount of Rs.81,160/-. It is the case of the petitioner that he is not the borrower nor the guarantor in respect of the loan account No.P404PHF4353923. Therefore, Annexure-A is unsustainable. 3. Per contra, learned counsel for respondent No.1 submits that since respondent No.1 is a Non-banking Financial Company, the writ petition against the private Company is not maintainable. Therefore, the writ petition is liable to be dismissed. In addition, it is his submission that the petitioner is a borrower and there are documents to establish the same. 4. Since this Court is of the opinion that the writ petition filed by the petitioner challenging the demand notice issued by Non Banking Financial Company is not maintainable, this Court do not propose to make any observation with regard to the rival contentions of the petitioner and respondents with - 4 - HC-KAR CNR: KAHC010731832024 NC: 2026:KHC:54634 WP No. 34442 of 2024 regard to the existence of contract of loan between respondent No.1 and the petitioner. Accordingly, the writ petition is dismissed, holding that the petition is not maintainable. Sd/- (T.P.VIVEKANANDA) JUDGE BGN List No.: 1 Sl No.: 51