- 1 - HC-KAR NC: 2026:KHC:6944 WP No. 33849 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 33849 OF 2024 (GM-DRT) BETWEEN: 1. MRS. VIJAYSHANTHIPRAKASH D @ VIJAYSHANTHI W/O LATE G PRAKASH AGED ABOUT 49 YEARS RESIDING AT NO. 30 1ST CROSS, MEGACITY LAYOUT MARGONDANAHALLI K R PURAM BANGALORE 560036 2. GIRIDHAR P S/O LATE G PRAKASH AGED ABOUT 29 YEARS RESIDING AT NO. 30 1ST CROSS MEGACITY LAYOUT MARGONDANAHALLI K R PURAM BANGALORE 560036 …PETITIONERS (BY SRI. MADESH V M., ADVOCATE) AND: 1. ASSET CORE AND RECONSTRUCTION ENTERPRISE LIMITED, COMPANY INCORPORATED UNDER ACT 1956 COMPANIES HAVING ITS REGISTERED OFFICE AT 2ND FLOOR, 13 MOHAN DEV BUILDING Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6944 WP No. 33849 of 2024 TOLSTOY MARG NEW DELHI 110001116 AND ALSO HAVING OFFICE AT 1ST FLOOR, KRISHNA ARCADE BETWEEN 11TH AND 12TH CROSS MARGOSA MAIN ROAD MALLESHWARAM BENGALURU 560003 BOTH ARE REP. BY AUTHORIZED OFFICER RAHUL WAGHMARE. …RESPONDENT (BY SRI. FRANCIS XAVIER., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD. 29.01.2022 PASSED IN CRIMINAL MISCELLANEOUS NO.93/2022 BY THE HON’BLE CHIEF JUDICIAL MAGISTRATE (CJM), BENGALURU RURAL DISTRICT, BENGALURU PRODUCED AT ANNX-A1. DIRECT THE RESPONDENT TO PERMIT THE PETITIONERS TO CONTINUE MAKING PAYMENTS UNTIL THE END OF THE TENURE OF THE LOAN BY RESTARTING THE PAYMENT OF EMIS TO THE RESPONDENT FROM TODAY. DIRECT THE RESPONDENT TO REGULARISE HOUSING LOAN ACCOUNT AND PERMIT THE PETITIONER TO CONTINUE THE LOAN ACCOUNT. DIRECT THE RESPONDENT TO VACATE THE SUIT SCHEDULE PREMISES AND HANDOVER THE POSSESSION TO THE PETITIONERS. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:6944 WP No. 33849 of 2024 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioners filed this writ petition challenging the order dated 29.01.2022 passed in Crl.Misc.No.93/2022 by the learned Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru vide Annexure-A1 and also sought a direction to the respondent to vacate the suit schedule premises and hand over the possession to the petitioners. 2. Learned counsel for the respondent submits that, the respondents have handed over the possession of the premises to the petitioners on 03.02.2026. Learned counsel for the petitioners does not dispute the same. 3. As the petitioners have an equal efficacious remedy to challenge the order passed in Crl.Misc.No.93/2022 by filing an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, this writ petition is not maintainable in view of the - 4 - HC-KAR NC: 2026:KHC:6944 WP No. 33849 of 2024 proposition of the law laid down by the Hon’ble Apex Court in the case of Rikhab Chand Jain Vs. Union of India and Others1. 4. Accordingly, the writ petition is disposed of as having rendered infructuous reserving a liberty to the petitioners to challenge the order passed in Crl.Misc.No.93/2022, if so advised. 5. A liberty is also reserved to the respondent- Company to take steps to recover the loan amount in accordance with law. 6. In view of disposal of the petition, pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 4 1 2025 SCC OnLine SC 2510