- 1 - HC-KAR NC: 2026:KHC:14307 WP No. 2003 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 2003 OF 2023 (GM-DRT) BETWEEN: 1. MRS NAGARATHNAMMA K. D/O KALAIAH W/O SHANKARA S. AGED ABOUT 40 YEARS 2. SHANKARA S S/O SHAMBAIAH AGED ABOUT 51 YEARS BOTH PETITIONERS NO.1 AND 2 ARE R/AT NO 77/A CHANNAKERE VILLAGE T M HOSURU GRAMAPANCHAYATHI SRIRANGAPATNA TALUK MANDYA 571807 3. SAHANA S D/O SWAMY AGED 22 YEARS NEAR ANKALAMMA TEMPLE ROAD GAREGOWDA BEEDI SRIRANGAPATNA TALUK 571807 …PETITIONERS (BY SRI. SRINIVAS V., ADVOCATE (ABSENT)) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14307 WP No. 2003 of 2023 AND: 1. M/S MANAPPURAM HOME FINANCE LTD, COMPANY REGISTRED UNDER THE COMPANIES ACT, 1956 HAVING BRANCH OFFICE AT REPRESENTED BY ITS MANAGING DIRECTOR NE KANTHARAJ URS ROAD MYSORE REP BY ITS AUTHORIZED OFFICER …RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE NOTICE DATED 16/11/2021 HAVING REF. CO90COLONS000005005989 ISSUED BY THE RESPONDENT UNDER SECTION 13(2) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 VIDE ANNEXURE-A AND ALSO POSSESSION NOTICE DATED 10/07/2022 ISSUED BY THE RESPONDENT BANK UNDER SECTION 13(4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002 VIDE ANNEXUE-B TO THE WRIT PETITION. 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:14307 WP No. 2003 of 2023 ORAL ORDER The present writ petition is filed seeking the following prayer/s: “a) Issue a writ of Certiorari or any other writ like nature and quash the notice dated 16/11/2021 having Ref: C090COLONS000005005989 issued by the respondent under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 vide Annexure A and also possession notice dated 10/07/2022 issued by the Respondent Bank under section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 vide Annexure B to the writ petition and b) Issue a writ of mandamus or any other writ of like nature directing the Respondent Bank to receive the payments and to regularize the account and c) Grant any other remedy that this Hon'ble Court deems fit in the facts and circumstances of the case.” 2. The writ petition is of the year 2023. As there was no representation on behalf of the petitioners on the last - 4 - HC-KAR NC: 2026:KHC:14307 WP No. 2003 of 2023 occasion, this Court had directed the matter to be listed under the caption for 'dismissal' on 10.03.2026. Today also, there is no representation on behalf of the petitioners. 3. The writ petition is filed against the Manappuram Home Finance Ltd., which is a private finance company. In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257-259 of 2022, a writ petition against the private financial institution is not maintainable. 4. Hence, the writ petition is liable to be dismissed both on the ground of non-prosecution and also on the ground that the writ petition is not maintainable. 5. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed for non-prosecution as - 5 - HC-KAR NC: 2026:KHC:14307 WP No. 2003 of 2023 well as on the ground of maintainability. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 10