- 1 - HC-KAR NC: 2026:KHC-D:485 WP No. 110092 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.110092 OF 2025 (GM-DRT) BETWEEN: 1. MR. MOTHILAL MAHADEVA LAMANI S/O. MAHADEVAPPA LAMANI, AGED. 31 YEARS, OCC. COOLIE, R/O. # 18, SHIVA NAGAR B, SHIGAGHATTI MUTTAGI, TQ. AND DIST. DHARWAD. 2. MRS. SANGEETA W/O. MOTHILAL LAMANI, S/O. MAHADEVAPPA LAMANI, AGE. 27 YEARS, OCC. COOLIE, R/O. # 18, SHIVA NAGAR B, SHIGAGHATTI MUTTAGI, TQ. AND DIST. DHARWAD. …PETITIONERS (BY SRI. GANESH RAIBAGI, ADVOCATE A/W SRI. PRAKASH S.GUDIHINDIN, ADVOCATE) AND: JANA SMALL FINANCE BANK LTD., R/BY ITS AUTHORIZED OFFICER, MR. RANJAN S/O. HANUMANT NAIK, REGISTERED OFFICE AT THE FAIRWAY, GROUND AND 1ST FLOOR, OFF DOMLUR, KORAMANGALA INNER, RING ROAD NEXT TO EGL BUSINESS, PARK CHALLAGHATTA, BANGALORE, BRANCH OFFICE AT: Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:485 WP No. 110092 of 2025 LINGAREDDY BUILDING, KALAGHATGI ROAD, SARASWATHPUR-580002. …RESPONDENT (BY SRI. SACHIN C.ANGADI, ADV. (APPEARED THROUGH VC) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO, PRAYING TO, THE ORDER OR DIRECTION IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND TO QUASH THE IMPUGNED ORDER DATED 03/11/2025 IN CRL. MISC. NO.329/2025 ON THE FILE OF 1ST ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD, THE COPY OF THE IMPUGNED ORDER AT ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY. B) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR QUASH OR PASS APPROPRIATE ORDER AND SET ASIDE OR IMPUGNED THE ORDER DATED 03.11.2025 ON IN CRL.MISC.329/2025 ON THE FILE OF 1ST ADDL. SENIOR CIVIL JUDGE AND CJM, DHARWAD, THE COPY OF THE IMPUGNED ORDER AT ANNEXURE-D, IN THE INTEREST OF JUSTICE AND EQUITY. C) PASS SUCH OTHER ORDER AS DEEMS FIT INCLUDING COST. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:485 WP No. 110092 of 2025 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “Wherefore the petitioner most humbly prays as under: (a) That the petitioners has preferred this Writ petition seeking the order or direction in the nature of Certiorari or any other appropriate writ, order or direction and be pleased to quash the impugned order dated 03.11.2025 in Crl. Misc. no.329/2025 on the file of 1st Addl. Senior Civil Judge and CJM, Dharwad, the copy of the impugned order at Annexure-D in the interest of justice and equity. b) Issue a Writ in the nature of Certiorari or quash or pass appropriate order and set aside or impugned the order dated 03.11.2025 on in crl.misc.329/2025 on the file of 1st Addl. Senior Civil Judge and CJM, Dharwad, the copy of the impugned order at Annexure-D, in the interest of justice and equity. c) Pass such other order as deems fit including cost.” 2. The petitioners had availed loan of Rs.5,00,000/- from the respondent/bank by executing a loan agreement. They had also executed a memorandum of deposit of title deeds in respect of the scheduled property as security for the loan. As the - 4 - HC-KAR NC: 2026:KHC-D:485 WP No. 110092 of 2025 petitioners failed to repay the amount, the account of the petitioners was declared as NPA on 02.07.2025. Thereafter, demand notices dated 19.07.2025 and 21.07.2025 were issued calling upon the petitioners to pay an outstanding due of Rs.5,25,936.98/- with interest. Thereafter, a possession notice was also issued on 23.09.2025. As the petitioners failed to clear the dues, the bank intended to recover the secured debt by selling the secured assets. The Bank had filed an application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’) and an order was passed on 03.11.2025. 3. The learned counsel appearing for the petitioners submits that the petitioner No.2 is carrying a child and is now in her eight month pregnancy and the entire family has been financially burdened due to heavy medical expenses incurred for her treatment. It is submitted that they are ready to clear the outstanding loan amount to regularize the account. 4. When this matter came up before this Court on the earlier occasion, the learned counsel appearing for the - 5 - HC-KAR NC: 2026:KHC-D:485 WP No. 110092 of 2025 respondent/bank submitted that to regularize the account, the petitioners need to pay Rs.2,34,012/-. In response to that, the learned counsel for the petitioners submitted that they would come up with an affidavit before this Court that within eight weeks they will clear the amount. 5. Today, an undertaking affidavit is filed before the Court. The learned counsel appearing for the respondent/bank submits that though it is stated that they are ready to pay the entire loan amount required to regularize the loan account, they have not mentioned the amount of Rs. 2,34,012/- which is the amount to be paid by the petitioners to clear the overdue amount. 6. Having heard the counsels on either side, perused the material on record. The petitioner No.1 has filed an undertaking affidavit to pay the entire overdue amount required to regularize the loan account. In that case, the petitioners have accepted to clear the entire overdue amount to regularize the account. Though the amount is not specifically mentioned as Rs.2,34,012/-, still in the considered opinion of the Court, this - 6 - HC-KAR NC: 2026:KHC-D:485 WP No. 110092 of 2025 undertaking will bind the petitioners for repayment of the amount. 7. It is the submission of the learned counsel appearing for the petitioners that the bank has taken the physical possession of the property. The petitioners are ready to pay the amount within eight weeks and therefore, a direction may be issued to re-deliver the possession to the petitioners. Learned counsel appearing for the Bank submits that once the amount is deposited, they will deliver the possession. 8. Considering the reason stated in the undertaking and the fact that the petitioner No.2 is in her eight month pregnancy, this Court is passing the following: ORDER (i) The writ petition is disposed off in the light of the undertaking affidavit filed by the petitioner No.1 before this court on 19.01.2026. (ii) The petitioners shall pay the entire overdue amount, which is required to regularize the loan account within a period - 7 - HC-KAR NC: 2026:KHC-D:485 WP No. 110092 of 2025 of eight weeks from today. If the petitioners fail to pay the amount within eight weeks from today, the respondent/bank is at liberty to proceed as per the provisions of the SARFAESI Act. (iii) Considering the peculiar facts and circumstances of this case, as the petitioner No.2 is in her eight month pregnancy, the respondent/bank shall immediately deliver the possession of the property and in case, as per the undertaking filed before this Court if the petitioners fail to pay the money within eight weeks from today, they shall voluntarily re-deliver the possession of the property to the bank and the bank can proceed with further proceedings. (iv) All I.As., in this writ petition stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD, List No.: 1 Sl No.: 8