- 1 - HC-KAR NC: 2026:KHC:3141 WP No. 31437 of 2025 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. 31437 OF 2025 (GM-DRT) BETWEEN: 1. SHRI DINESH H S AGED ABOUT 41 YEARS, S/O. SIDDA SHETTERU, RESIDING AT NO.613, NKM ROAD, HULLAHALLI, MYSORE-571314 NOW AT BENGALURU 2. SIDDA SHETTY, AGED ABOUT 75 YEARS, S/O. LATE GOPALA SHETTY, RESIDING AT NO.613, NKM ROAD, HULLAHALLI, MYSORE-571314 NOW AT BENGALURU …PETITIONERS (BY SRI. ABISHEK N.N., ADVOCATE) Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3141 WP No. 31437 of 2025 AND: 1. SAMMAAN CAPITAL LIMITED EARLIER KNOWN AS INDIABULLS HOUSING FINANCE LIMITED, HAVING OFFICE AT NO.81, 1ST FLOOR, PREKSHA TEMPLE STREET, IN BETWEEN 10TH AND 11TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU 560 003 REPRESENTED BY ITS AUTHORIZED PERSONS ALSO AT 1ST FLOOR, ANAND ARCADE, MIG 11/11A, VISHWAMANAVA DOUBLE ROAD, KUVEMPU NAGAR NORTH, SARASWATHIPURAM, MYSORE-570 023 REGISTERED UNDER SARFAESI ACT 2002 2. ASSETS CARE AND RECONSTRUCTIONS ENTERPRISE LIMITED, OFFICE AT: THE MILLENIA, TOWER B, UNIT NO. 904, 9TH FLOOR, LEVEL 9, 19-14, 1 AND 9, MURPHY ROAD, BENGALURU-560 008 REGISTERED UNDER COMPANIES ACT. …RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1 & R2) - 3 - HC-KAR NC: 2026:KHC:3141 WP No. 31437 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA IS FILED PRAYING TO QUASH THE IMPUGNED POSSESSION NOTICE DTD 03.09.25 ISSUED BY THE RESPONDENTS, I.E ANNX-A AS NOT BINDING ON THE PETITIONERS. 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. After arguing the matter for some time, learned counsel for the petitioners seeks leave of the Court to withdraw the writ petition with liberty to challenge the impugned notice before the Debt Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, “the SARFAESI Act”) and a Memo is also filed in this regard. 2. The Memo is placed on record. 3. The writ petition is dismissed as withdrawn with the aforesaid liberty. - 4 - HC-KAR NC: 2026:KHC:3141 WP No. 31437 of 2025 4. In the meanwhile, the respondents are directed not to take coercive steps against the petitioners for a period of 30 days from today. 5. In view of the dismissal of the writ petition, pending interlocutory applications, if any, do not survive for consideration and are accordingly disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 26