- 1 - HC-KAR NC: 2026:KHC:6238 WP No. 3013 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3013 OF 2026 (GM-DRT) BETWEEN: SMT. AKSHATHA MOHAN W/O SRI SOHAM GAGGRANI AGED ABOUT 34 YEARS RESIDING AT NO. 46 1ST MAIN, 3RD CROSS 2ND PHASE, 7TH BLOCK BSK 3RD STAGE BANGALORE - 0560 085 REPRESENTED BY GPA HOLDER SMT AMRUTHA G V W/O SRI B MOHAN AGED ABOUT 56 YEARS RESIDING AT 46 1ST MAIN, 3RD CROS 2ND PHASE, 7TH BLOCK BSK 3RD STAGE BANGALORE 560 085 …PETITIONER (BY SMT. PRASHANTHI A.L., ADVOCATE) AND: 1. HDFC HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6238 WP No. 3013 of 2026 REGISTERED UNDER COMPANY ACT 1956 REGISTERED OFFICER AT RAMON HOUSE H T PAREKH MARG 169, BACKBAY RECLAMATION CHURCHGATE S MUMBAI 400 020 ALSO BRANCH OFFICE AT NO. 51, HDFC HOUSE KASTURBA ROAD BANGALORE 560 001 REP. BY ITS MANAGER 2. M/S OZONE URBANA INFRA DEVELOPERS PRIVATE LIMITED NO.38, ULSOOR ROAD REGISTERED UNDER COMPANY ACT 1956 BANGALORE 560 042 REP. BY ITS AUTHORISED SIGNATORY …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT QUASHING THE DEMAND NOTICE DT.12/01/2026 ISSUED THE 1 RESPONDENT BANK UNDER SECTION 13(2) SARFAESI ACT FURNISHED HEREWITH AT ANNEXURE-F. DIRECT THE 1ST RESPONDENT BANK NOT TO TAKE ANY COERCIVE MEASURES UNDER SECTION 13(4) AND 14 OF THE SARFAESI ACT DURING THE PENDENCY OF EXECUTION AND RECOVERY PROCEEDINGS INITIATED PURSUANT OF REFUND ORDER PASSED BY KRERA. DIRECT THE 2ND RESPONDENT BUILDER TO DEPOSIT THE ENTIRE REFUND AMOUNT AS ORDERED BY KRERA DIRECTLY INTO THE PETITIONERS LOAN ACCOUNT MAINTAINED WITH THE 1ST RESPONDENT BANK. - 3 - HC-KAR NC: 2026:KHC:6238 WP No. 3013 of 2026 DIRECT THE 1ST RESPONDENT BANK NOT TO TREAT THE PETITIONER AS A DEFAULTER DURING THE PENDENCY OF REFUND RECOVERY PROCEEDINGS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this writ petition challenging the demand notice dated 12.01.2026 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For short, ‘the SARFAESI Act’), vide Annexure ‘F’. 2. The petitioner, instead of giving the reply to the notice under Section 13(2) of the SARFAESI Act, has filed this petition. Hence, the writ petition filed by the petitioner is premature. Accordingly, the writ petition is dismissed. - 4 - HC-KAR NC: 2026:KHC:6238 WP No. 3013 of 2026 3. A liberty is reserved to the petitioner to reply to the notice under Section 13(2) of the SARFAESI Act within a period of 15 days from today and thereafter, the respondent No.1 is directed to consider the reply and pass an appropriate order, in accordance with law. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 53