LOKESHA M v. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD
WP/651/2026 · 2026-01-20
Ashok S Kinagi
body2026
DailyLaw.ai
[ 2026 DAILYLAW 45737 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 45737 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3115 WP No. 651 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 651 OF 2026 (GM-DRT) BETWEEN:
LOKESHA M S/O LATE SRI. MAYANNA GOWDA AGED ABOUT 56 YEARS R/AT 19, 1ST FLOOR, NEAR CHOU CHOU FACTORY, PUSHPAGIRI NAGAR, HOSAKEREHALLI, BANGALORE 560085. …PETITIONER (BY SRI. DEEPAK H S., ADVOCATE) AND:
1.
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD., HAVING ITS OFFICE AT NO.45, PRESTIGE LIBRA, 2ND FLOOR, ABOVE PASSPORT OFFICE, LALBAGH ROAD, BANGALORE-560027.
R/BY ITS AUTHORIZED OFFICER, MR. JANARDHAN.
A COMPANY REGISTERED UNDER THE COMPANIES ACT
2.
KARNATAKA STATE CO-OP CREDIT SOCIETIES FEDERATION LTD.
LOCATED AT NO.126, 1ST MAIN, J.B.KAVAL, RAJIVE
Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:3115 WP No. 651 of 2026
GANDHINAGAR, NANDINI LAYOUT, BANGALORE 560096 REPRESENTED BY ITS CEO (A COMPANY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT)
3.
MRS. ASHA LATHA PUTTAIAH W/O. MR. SOMASHEKAR.N, No.14, 7th CROSS, GANAPATHI NAGAR, HOSKERAHALLI MAIN ROAD, BANGALORE-560026
4.
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (BANGALORE CITY BRANCH) CO-OPERATIVE SOCIETIES REGISTRAR OFFICE, NO. 1, ALI ASGAR ROAD, BANGALORE-560052 (A SOCIETY REGISTERED UNDER THE SOCIETY REGISTRATION ACT) …RESPONDENTS (BY SRI. YOGESH D NAIK., AGA FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRE-POSSESSION NOTICE DATED 24.12.2025 ISSUED UNDER SECTION 14 OF THE SARFAESI ACT, 2002 BY R1 VIDE ANNX-A. SET ASIDE THE ORDER DATED 08.12.2025 IN CRL. MISC NO. 7381/2025 PASSED BY THE 30TH ADDL.
CHIEF JUDICIAL MAGISTRATE, BENGALURU VIDE ANNX-N. TO SET ASIDE THE ORDER PASSED BY R4 DATED 04.04.2025 BEARING NO. UBC-3/ADIBARA/04/2024-2025 VIDE ANNX-H.
DECLARE THAT THE PETITIONER BEING A LAWFUL LESSEE, CANNOT BE DISPOSSESSED FRO THE LEASED SCHEDULE PROPERTY UNDER THE SARFAESI ACT WITHOUT DUE ADJUDICATION OF HIS RIGHTS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI
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HC-KAR NC: 2026:KHC:3115 WP No. 651 of 2026
ORAL ORDER
1. After arguing the matter for some time, the learned counsel for the petitioner files a memo seeking leave of the Court to withdraw the writ petition with liberty to challenge the impugned orders before the appropriate authority.
2. The memo is placed on record.
3. The writ petition is dismissed as withdrawn with the aforesaid liberty.
4. In the meanwhile, respondent No.1 is directed not to take any coercive steps against the petitioner for a period of one month from today.
Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 29