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2026 DAILYLAW 50014 (KAR)

RAVI N @ RAVI KUMAR N v. ATLUM CREDO HOME FINANCE PVT LTD

WP/26396/2024 · 2026-01-27

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4684 WP No. 26396 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 26396 OF 2024 (GM-DRT) BETWEEN: 1. RAVI N @ RAVI KUMAR N S/O LATE NARAYANASWAMY AGED ABOUT 32 YEARS 2. KUMAR N S/O LATE NARAYANASWAMY AGED ABOUT 30 YEARS 3. KANTHAMMA H W/O LATE NARAYANASWAMY AGED ABOUT 45 YEARS P1 TO P3 ARE RESIDING AT NO.58, DODDACHEEMANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL-562110. …PETITIONERS (BY SMT. RADHA R., ADVOCATE) AND: ATLUM CREDO HOME FINANCE PVT LTD HAVING ITS REGISTERED OFFICE AT NO.801, 8TH FLOOR, DOREON HIEGHTS, OPP. MAHABALESHWARA HOTEL, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4684 WP No. 26396 of 2024 BANER MAIN ROAD, ABOVE RANKA JEWELLERS, BANER, PUNE, MAHARASHTRA 0 411045. (REGISTERED UNDER SECTION 29A OF THE NATIONAL HOUSING BANK ACT, 1987) PRESENT ADDRESS OF REGISTERED OFFICE: FLOOR NO.7 KALPATARU INFINIA PLOT NO.21, SUB PLOT NO.3, CTS NO.15/1 AND SURVEY NO.162/2/2, 17/2/2/ AND 18/1/2, BHAMUDRA VILLAGE, WAKDEWADI, SHIVAJINAGAR, PUNE CITY, MAHARASHTRA-411005 REP. BY ITS AUTHORIZED OFFICER, BRANCH OFFICE AT BANGALORE: NO.451/1, 1 AND 2ND FLOOR, WEST CHORD, 2ND STAGE, MAHALAXMIPURAM, BBMP WARD NO.14, NAGAPURA, BANGALORE-560079 ALSO AT NO.451/1 2ND FLOOR, NAGAPURA MAIN ROAD, BANGALORE-560086 REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT (BY SRI. FRANCIS XAVIER.,ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 02.12.2023 IN C.MISC.NO. 455/2023 PASSED BY THE CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL AT BANGALORE WHICH IS AT ANNX-A IN SO FAR AS PETITIONER IS CONCERNED, ETC. - 3 - HC-KAR NC: 2026:KHC:4684 WP No. 26396 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this petition challenging the order dated 02.12.2023 passed in Crl.Misc.No.455/2023 by the learned Chief Judicial Magistrate, Bengaluru Rural, Bengaluru (‘Magistrate Court’ for short). 2. The impugned order is appealable under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioners, without exhausting equal efficacious remedy, filed this writ petition. Hence, the petition filed by the petitioners is not maintainable. 3. Accordingly, the writ petition is dismissed, reserving a liberty to the petitioners to challenge the impugned order before the appropriate forum. - 4 - HC-KAR NC: 2026:KHC:4684 WP No. 26396 of 2024 4. In the meanwhile, the respondents are directed not to take any coercive steps for 1 month from today. 5. In view of dismissal of the petition, pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 44