- 1 - HC-KAR NC: 2026:KHC:13496 WP No. 1214 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 1214 OF 2026 (GM-DRT) BETWEEN: MRS. ANITHA H., W/O. MR. MANJUNATH GOWDA N., AGED ABOUT 42 YEARS, R/AT NO.21/5, 1ST MAIN, 4TH CROSS, DODDABOMMASANDRA, CHAMUNDESHWARI LAYOUT, VIDYARANYAPURA, BANGALORE -560 097 …PETITIONER (BY SMT. KAVITHA D., ADVOCATE) AND: M/S TATA CAPITAL HOUSING FINANCE LTD REGISTERED UNDER COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT 11TH FLOOR, TOWER A PENINSULA BUSINESS PARK, GANPATRAO KADAM MARG, Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13496 WP No. 1214 of 2026 LOWER PAREL, MUMBAI 400 013 ALSO AT NO.82/1 GROUND FLOOR, KRISHNA TOWERS RICHMOND ROAD BANGALORE-560 025 REPRESENTED BY ITS AUTHORIZED OFFICER …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO- ISSUE WRIT OF MANDAMUS TO THE RESPONDENT COMPNY TO ACCEPT THE REPRESENTATION LETTER DATED 06.01.2026 VIDE ANNEXURE-J PERMITTING THE PETITIONER TO SETTLE THE ENTIRE LEGALLY DISCHARGEABLE AMOUNT AND REDEEM THE SCHEDULE B AND C PROPERTIES UPON RECEIPT OF THE SETTLEMENT AMOUNT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:13496 WP No. 1214 of 2026 ORAL ORDER The present writ petition is filed seeking the following relief: "WHEREFORE the Petitioner, most respectfully prays before this Hon'ble Court that in view of the facts and grounds mentioned above, the Petitioner prays for the following reliefs: a) Issue writ of mandamus to the Respondent Company to accept the Representation Letter dated 06-01-2026 vide ANNEXURE J, permitting the Petitioner to settle the entire-legally dischargeable amount and redeem the Schedule B & C Properties upon receipt of the settlement amount. b) Issue writ of mandamus to the Respondent Company to refrain from continuing with any further proceedings including auction/sale of the Schedule Property, pending consideration and disposal of the Petitioner's Representation; and c) Issue such other order/s or direction/s as may be deemed fit to grant, including cost of the case, in the view of facts and circumstances of this above case in the interest of justice and equity." 2. When the matter came up for hearing, learned counsel submits that the Sale Certificate is also issued and the petitioner will implead the auction purchaser. 3. The prayer as sought before this Court is not maintainable. There cannot be a mandamus directing the respondent/Company to accept the representation to settle the - 4 - HC-KAR NC: 2026:KHC:13496 WP No. 1214 of 2026 entire legally dischargeable amounts and to redeem the mortgage. 4. It is submitted by the learned counsel for respondent that Securitization Application (S.A) has already been filed before the DRT. If the petitioner is aggrieved by any of the actions or any of the steps that are taken by the respondent, the petitioner is at liberty to avail the appropriate remedy in accordance with law. In that view of the matter, this Court is passing the following: ORDER i. The writ petition is disposed of reserving liberty to the petitioner to avail the alternative remedy. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. iii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 30