- 1 - HC-KAR NC: 2026:KHC:18025 WP No. 10188 of 2026 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. 10188 OF 2026 (GM-DRT) BETWEEN: 1. SRI YATHIRAJU B SON OF BYATARAJA AGED ABOUT 43 YEARS 2. SMT JAYAMMA BYATARAJA WIFE OF BYATARAJA AGED ABOUT 66 YEARS 3. SRI JAYARAJ B SON OF BYATARAJU AGED ABOUT 46 YEARS ALL RESIDING AT NO. 19/1, 10TH CROSS, 5TH MAIN ROAD, AGRAHARA DASARAHALLI, NEAR RAGHAVENDRA HOSPITAL BENGALURU - 560 079 AND ALSO AT TESCO 81/82, EPIP AREA WHITEFIELD, NEAR VAIDHEI HOSPITAL, BENGALURU - 560 066. &PETITIONERS (BY SRI. B.S.NATARAJA, ADVOCATE) AND: M/S EDEWEISS ASSET RECONSTRUCTION COMPANY LTD., (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18025 WP No. 10188 of 2026 AND AN ASSET RECONSTRUCTION COMPANY UNDER SEC 3 OF SARFAESI ACT 2002) OFFICE AT EDELWEISS HOUSE, 1ST FLOOR, OFF CST ROAD, KALINA, MUMBAI - 400 098 REP. BY ITS AUTHORISED OFFICER MR. K. RADHAKRISHNAN NAIR. &RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AN ORDER DATED 23.02.2026 PASSED BY THE LEARNED XXIV ADDITIONAL CHIEF JUDICIAL MAGISTRATE AT BENGALURU IN CRL.MISC.NO.698/2024 ANNEXURE-B BY ALLOWING THE WRIT PETITION, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 prayers: <a) Issue writ in the nature of certiorari quashing an order dated 23.02.2026 passed by the XXIV Additional Chief Judicial Magistrate at Bengaluru in Crl.Misc.No.698/2024 Annexure- B, by allowing the writ petition. b) Pass any such other relief/s as deemed fit by this Hon'ble Court on the facts and circumstances of the case.= 2. The present writ petition is filed against M/s. Edelweiss Asset Reconstruction Company Limited, which is a private Finance Company. In the light of the judgment passed - 3 - HC-KAR NC: 2026:KHC:18025 WP No. 10188 of 2026 by the Hon9ble Supreme 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. Edelweiss Asset Reconstruction Company Limited. 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. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE DH List No.: 1 Sl No.: 26