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2026 DAILYLAW 6542 (KAR)

HARI KISHAN SINGH v. THE AUTHORISED OFFICER

WA/820/2026 · 2026-03-11

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14498-DB WA No. 820 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 820 OF 2026 (GM-DRT) BETWEEN: 1. HARI KISHAN SINGH S/O LATE M. AMARASINGH AGED ABOUT 28 YEARS R/O NO. 886, SHANKARAPP LAYOUT HEBBAGODI BHOMMASANDRA INDUSTRIAL ESTATE BENGALURU SOUTH BENGALURU - 560 099 …APPELLANT (BY SRI PRABHUGOUDA B. TUMBIGI, ADVCOATE FOR SRI SIDDARAJU M., ADVOCATE) AND: 1. THE AUTHORISED OFFICER ANAND RATHI GLOBAL FINANCE LIMITED NO.01, 2ND FLOOR, BIKANER PINNACLE RICHMOND ROAD BENGALURU - 560 025 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14498-DB WA No. 820 of 2026 2. MRS. JAYALAKSHMI N W/O LATE M. AMARASINGH AGED ABOUT 28 YEARS R/O NO. 886, SHANKARAPP LAYOUT HEBBAGODI, BHOMMASANDRA INDUSTRIAL ESTATE BENGALURU SOUTH BENGALURU - 560 099 …RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN W.P.No.3718/2026 DATED 06.02.2026, BY ALLOWING THE WRIT APPEAL AND PASS ANY OTHER ORDER/s WHICH DEEMS FIT ON THE FACTS AND CIRCUMSTANCES CASE BY ALLOWING THIS APPEAL. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14498-DB WA No. 820 of 2026 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal impugning an order dated 06.02.2026 passed by the learned Single Judge of this Court in W.P.No.3718/2026 (GM-DRT). 2. The appellant had filed the said writ petition impugning the possession notice dated 17.11.2025 issued by respondent No.1 under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 [SARFAESI Act]. Additionally, the appellant had also impugned the notice dated 20.01.2026 issued by respondent No.1 seeking eviction of the appellant from the subject property. 3. The learned Single Judge had declined to entertain the writ petition on the ground that the appellant had statutory remedy under the SARFAESI Act. - 4 - HC-KAR NC: 2026:KHC:14498-DB WA No. 820 of 2026 4. The learned counsel appearing for the appellant submits that there are mitigating circumstances. Notwithstanding the same, the appellant is willing to pay the entire amount, which is outstanding. He submits that an e-auction notice has been issued setting out the total outstanding amount of `83,90,573/-. He also submits that the appellant would pay the amount as claimed, if three weeks' time is granted to do so. 5. We find no infirmity with the impugned order. The appeal is accordingly dismissed. 6. We clarify that this order would not preclude the appellant from approaching respondent No.1 to arrive at a settlement, if otherwise feasible. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 17