SRI. FAYAZ. S v. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
WP/14663/2026 · 2026-05-05
S Vishwajith Shetty
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7550 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7550 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:24622 WP No. 14663 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 14663 OF 2026 (GM-DRT) BETWEEN:
1.
SRI. FAYAZ. S S/O SHAIK USMAN AGED ABOUT 42 YEARS,
2.
SMT. HAZIRA. N W/O FAYAZ, AGED ABOUT 39 YEARS
3.
SRI.MEHABOOB PASHA, S/O SHAIK USMAN AGED ABOUT 44 YEARS,
4.
SMT. RAZIYA, W/O MEHABOOB PASHA, AGED ABOUT 43 YEARS,
R/AT NO.2, MEDIMALLASANDRA, HOSAKOTE TALUK, ANUGONDANAHALLI HOBLI, HOSKOTE-562114 BANGALORE RURAL DISTRICT …PETITIONERS (BY SRI. MUSRATH TABASSUM.,ADVOCATE)
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:24622 WP No. 14663 of 2026
AND:
CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED
"CHOLA CREST", C54-55 & SUPER B-4, THIRU-VI-KA INDUSTRIAL ESTATE, GUINDY, CHENNAI-600032.
AND ALSO OFFICE AT NO-45, PRESTIGE LIBRA, 2ND FLOOR, ABOVE PASSPORT OFFICE, LALBAGH ROAD, BANGALORE- 560027. …RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE WRIT OF CERTIORARI/ OR WRIT OF LIKE NATURE FOR QUASHING THE ENTIRE PROCEEDINGS INITIATED BY THE RESPONDENT- CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED VIDE ANNEXURE-D DATED 28/4/2026 IN SO FAR AS PETITIONER CONCERN AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
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HC-KAR NC: 2026:KHC:24622 WP No. 14663 of 2026
ORAL ORDER
2.
Learned counsel for the petitioners submits that the petition may be dismissed as withdrawn with liberty to the petitioners to approach the Debts Recovery Tribunal by filing an appropriate application as provided under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. He has also filed a memo to that effect.
2. The said submission and memo are placed on record.
3. The writ petition is dismissed as withdrawn with liberty as prayed for.
All contentions of the parties are kept open. Sd/- (S VISHWAJITH SHETTY) JUDGE
UN List No.: 1 Sl No.: 24