- 1 - HC-KAR NC: 2026:KHC:8881 WP No. 39289 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 39289 OF 2025 (GM-DRT) BETWEEN: MRS INDUMATHI G W/O. LATE M ASHOK, AGED ABOUT 59 YEARS DOOR NO 1780/A-19-20, 1ST MAIN, 6TH VINAYAKA BADAVANE, VIDYANAGAR NEAR PARK, DAVANGERE-577005. …PETITIONER (BY SRI. KAVITHA N., ADVOCATE) (VC) AND: M/S CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD (REG. UNDER NBFC) REP. BY ITS CHIEF MANAGER/AUTHORIZED OFFICER, PRESTIGE LIBRA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8881 WP No. 39289 of 2025 2ND FLOOR, MUNICIPAL NO-45 (OLD NO 45 AND 45/1), LALBAGH ROAD, ABOVE PASSPORT OFFICE, BENGALORE-560027. …RESPONDENT (BY SRI. SURESH V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A). QUASH THE SECTION 14 ORDER PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE IN CRL.MISC NO.605/2025 DATED 28/11/2025 AT DAVANGERE VIDE ANNEXURE-C. (IN SO FAR AS PETITIONER CONCERN) B). ISSUE DIRECTIONS TO THE RESPONDENT BANK NOT TO TAKE PHYSICAL POSSESSION WITHOUT FOLLOWING DUE PROCESS OF LAW. C). ISSUE SUCH OTHER ORDERS 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. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ***** CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI - 3 - HC-KAR NC: 2026:KHC:8881 WP No. 39289 of 2025 ORAL ORDER 1. Petitioner has filed this writ petition challenging the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’) in Crl.Misc. No.605 of 2025 dated 28.11.2025 by the learned Principal Senior Civil Judge and Chief Judicial Magistrate, Davanagere. 2. The petitioner has an equal efficacious remedy under Section 17 of the SARFAESI Act, and without exhausting the equal efficacious remedy, the petitioner has filed this writ petition. 3. This Court, granted an interim order of stay on 30.12.2025 subject to the petitioner depositing 50% of the outstanding amount before the respondent within 8 weeks in two installments i.e., 25% of the outstanding amount was to be deposited within four weeks, and the remaining 25%, four weeks - 4 - HC-KAR NC: 2026:KHC:8881 WP No. 39289 of 2025 thereafter. However, the petitioner has failed to deposit 25% of the outstanding amount within four weeks. The petitioner is not bona fide in proceeding with the writ petition. 4. I do not find any grounds to entertain the writ petition. Accordingly, the writ petition is dismissed. 5. Liberty is reserved to the petitioner to approach the appropriate forum, if so, advised, within one month from today. 6. The petitioner is entitled for the benefit under Section 14 of the Limitation Act. 7. Pending applications, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 2 Sl No.: 7