- 1 - HC-KAR NC: 2026:KHC:23722 WP No. 37303 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 37303 OF 2025 (GM-DRT) BETWEEN: PRAJWAL P, AGED ABOUT 33 YEARS, S/O D. PRASANNA KUMAR, RESIDING AT NO.1919, 2ND CROSS, BANDIGOWDA LAYOUT, MANDYA - 571 401. …PETITIONER (BY SRI. MAHESHCHANDRA B.N., ADVOCATE) AND: M/S. SMFG INDIA HOME FINANCE COMPANY LTD., BRANCH OFFICE NM COMPLEX, #6, 1ST FLOOR, SERVICE ROAD, REMCO LAYOUT, HAMPINAGAR, VIJAYANAGAR, BENGALURU - 560 040. REPRESENTED BY ITS AUTHORIZED SIGNATORY (REG. UNDER COMPANIES ACT 1956). …RESPONDENT (BY SRI. SURESH V., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23722 WP No. 37303 of 2025 DECLARATION OF NON-PERFORMING ASSET DATED 12/05/2025 BM BEARING NO.SMAFC/SARFASAI/MAY-25/KN/6 AS STATED IN THE DOCUMENT PRODUCED AT ANNEXURE - B IN SO FAR AS PETITIONER CONCERNED AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: "(1) Issue a writ of Certiorari or such other order/writ quashing the declaration of Non-Performing Asset dated:12/05/2025 bearing No.SMHFC/SARFAESI/MAY-25/KN/6 as stated in the document produced at ANNEXURE - B. (insofor as petitioner concern only) (2) Issue a writ of Certiorari or such other order/writ quashing the order of taking physical possession passed by the Prl. senior civil judge & CJM at mandya, in Crl. Mis No.293/2025 dated 01/12/2025 produced at - 3 - HC-KAR NC: 2026:KHC:23722 WP No. 37303 of 2025 ANNEXURE-E. (in so far as petitioner concern only) (3) Issue a writ of Mandamus or such other order/writ directing the Respondent to reconvey the possession of the Schedule property to the petitioner with immediate effect. (4) Impose cost as damages for the sufferance of the petitioner at the hands of Respondent. (5) Pass such other orders as this Hon'ble Court deems fit to grant in the interest of justice and equity." 2. The writ petition is of the year 2025. The writ petition is filed against the respondent M/S SMFG India Home Finance Company Ltd., which is a private finance company. 3. 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 - HC-KAR NC: 2026:KHC:23722 WP No. 37303 of 2025 4. Learned counsel appearing for the respondent submits that the loan account has been regularized. In that view of the matter, without going to the other aspects, the writ petition needs to be disposed of. 5. In view of the above, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of. ii. Pending IAs., if any, shall stand closed. Sd/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 28