- 1 - HC-KAR NC: 2026:KHC:17998 WP No. 8101 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8101 OF 2024 (GM-DRT) BETWEEN: SOURABH PRASAD CHOUDHARY S/O MR.SURENDRA PRASAD CHOUDHARY, AGED ABOUT 60 YEARS, R/AT NO. 1/27 BLOCK, II POST FARAKKA BARAGE, DISTRICT: MURSHIDABAD WEST BENGAL -572 212 AND ALSO AT NO.G-012, GROUND FLOOR, MAYURA DAFFODILS S.MEDAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU -562 125 &PETITIONER (BY SRI. HARSHA D JOSHI, ADVOCATE) AND: M/S. L AND T FINANCE SERVICES LTD., (A COMPANY INCORPORATED UNDER COMPANIES ACT), HAVING REGISTERED OFFICE AT 15TH FLOOR, RUPA SOLICITAIRE OFFICE NO.1501, 1508 AND 51509, BUILDING NO.A-1, SECTOR 1, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17998 WP No. 8101 of 2024 MAHAPE MILLENIUM BUSINESS PARK, NAVI MUMBAI -400 710 HAVING ITS BRANCH OFFICE AT NO.92 Z SQUARE, JNC ROAD, 5TH BLOCK, KORAMANGALA, BENGALURU -560 095 REP. BY ITS AUTHORIZED OFFICER 2. MAYUR DAFFAODILS A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT 1932, HAVING ITS OFFICE AT SY.NO.119/3, BILLAPURA CROSS, S.MEDAHALLI (VIA), BIDURUGUPPA, ANEKAL TALUK, BENGALURU RURAL DISTRICT -562 125 REP. BY ITS MANAGING PARTNER 3. MR.NASIR AHMED S/O BASHEER AHAMED, AGED ABOUT 42 YEARS, R/AT NO.70/10, ROBERTSON ROAD, FRAZER TOWN, BENGALURU -560 076 4. NOOR SALMA W/O NASIR AHMED, AGED ABOUT 38 YEARS, R/AT NO.70/10, ROBERTSON ROAD, FRAZER TOWN, BENGALURU -560 076 &RESPONDENTS (BY SRI. H.N.VASUDEVAN, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDERS DATED: 19.12.2023 IN C. MISC NO. - 3 - HC-KAR NC: 2026:KHC:17998 WP No. 8101 of 2024 1747/23 AS ANNEXURE-J PASSED BY THE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, IN A PETITION FILED UNDER SECTION 14 OF THE SARFAESI ACT BY THE R1 AND CONSEQUENTLY QUASH ANNEXURE-H, C. MISC NO. 1747/23 FILED BY THE R1 SEEKING A RELIEF OF POSSESSION OF THE PETITIONERS PROPERTY, MORE FULLY DESCRIBED IN THE SCHEDULE HEREIN UNDER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayer: "WHEREFORE, the Petitioner prays that this Hon'ble Court be pleased to: a) Issue a writ in the nature of certiorari and quash the orders dated 19/12/2023 in C. Misc. No.1747/2023 as Annexure-J passed by the Chief Judicial Magistrate, Bengaluru Rural District, in a petition filed under Section 14 of the SARFAESI Act by the 1st Respondent and consequently quash Annexure-H, C.Misc.No.1747/2023 filed by the 1st Respondent seeking a relief of possession of the Petitioners property, more fully described in the schedule herein under. b) Issue a writ in the nature of mandamus directing the 1st Respondent to desist from taking possession of the petition Schedule Property of the Petitioner and putting the same for sale on a purported mortgage alleged to have been created by the Respondents No. 3 to 4. - 4 - HC-KAR NC: 2026:KHC:17998 WP No. 8101 of 2024 a) Issue such other writ or orders as this Hon'ble Court deems it fit and appropriate of the facts and in the circumstances of the case including the costs of this petition, to meet the ends of justice." 2. The respondent is M/s L&T Finance Services Ltd. In the light of the judgment passed by the Hon9ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564-35566/2015 dated 27.03.2018, the present writ petition is not maintainable against M/s L&T Finance Services Ltd, which is a private finance company. However, a Co-ordinate Bench of this Court has granted an interim order 18.04.2024. 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of giving liberty to the petitioner to avail the appropriate remedy. ii. As the petitioner has the benefit of interim order from 18.04.2024, the same shall be continued for a period of four weeks. iii. The petitioner shall have the benefit of Section 14 of the Limitation Act. - 5 - HC-KAR NC: 2026:KHC:17998 WP No. 8101 of 2024 iv. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 7