- 1 - HC-KAR NC: 2026:KHC:17814 WP No. 9574 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9574 OF 2025 (GM-DRT) BETWEEN: MR. H RAMACHANDRA S/O LATE HANUMANTHAIAH AGED ABOUT 48 YEARS RESIDING AT H NO.235, MAGADI MAIN ROAD JETTI PALYA CHENNANAHALLI VILLAGE CHENNENHALLI WATER TANK BANGALORE-562130 …PETITIONER (BY SRI. SHARATHKUMAR SHETTY, ADVOCATE) AND: 1. THIS AUTHORISED OFFICER/MANAGER, M/S.SMFG GRIHASHAKTI, MEGH TOWERS, 3D FLOOR, OLD NO.307. NEW NO. 165, POONAMALLEE HIGH ROAD. MADURAVOYAL CHENNAI - 600 095. BRANCH OFFICE AT - SMFG INDIA HOME FINANCE CREDIT COMPANY LTD Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17814 WP No. 9574 of 2025 NO. 6, 1ST FLOOR, N.M. COMPLEX, SERVICE ROAD, REMCO LAYOUT, HAMPI NAGAR, ADJ TO ATTIGUPPE METRO STATION, VIJAYANAGAR, BANGALORE - 560 040 2. MRS. SUJATHA. W/O. H. RAMACHANDRA, S/O. LATE HANUMANTHAIAH, AGED ABOUT 40 YEARS. RESIDING AT H.NO.235, MAGADI MAIN ROAD, JETTI PALYA, CHENNENAHALLI VILLAGE, CHENNENHALLI WATER TANK, BANGLAORE - 562 130. …RESPONDENTS (BY SRI. SURESH V., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.06.2024 PASSED BY THE CHIEF JUDICIAL MAGISTRATE, BANGALORE RURAL DISTRICT, BANGALORE UNDER SECTION 14 OF SARFAESI ACT AS PER ANNX-A AND ETC. 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:17814 WP No. 9574 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayers: "a) To issue a writ in the nature of Certiorari and quash the impugned order dated 11.06.2024, passed by the Chief Judicial Magistrate, Bangalore Rural District, Bangalore, Under section 14 of SARFAESI Act as per Annexure-"A". b) To direct the Respondent No.1 to regularized the loan account as per the sanction letter. c) To Direct the 1st Respondent to stick on 180 EMI's as per the Sanction latter and receive the EMI's as per the Sanction letter dated 24.02.2017 which fixed by the 1st Respondent. d) To issue such other writ, direction or order as this Hon'ble Court deem proper in the circumstances of the case e) To award to the petitioner, the costs of this petition" 2. The writ petition is filed in the year 2025. The writ petition is filed against the respondent SMFG India Home Finance Credit Company Ltd., which is private financial - 4 - HC-KAR NC: 2026:KHC:17814 WP No. 9574 of 2025 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. 3. Hence, the writ petition is liable to be dismissed as not maintainable. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to avail the appropriate remedy, if any, in accordance with law. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. ii. As the petitioner has the benefit of the interim order, the same shall continue for a period of four weeks. iv. Pending IAs., if any, shall stand close. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 11