- 1 - HC-KAR NC: 2026:KHC:19389 WP No. 8739 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 8739 OF 2026 (GM-DRT) BETWEEN: 1. M/S SANVI AUTO AGENCIES A SOLE PROPRIETORSHIP FIRM HAVING OF ITS OFFICE AT NO. 12,13,14,21, PALANAJO GAHALLI, DODDABALLAPUR, BANGALORE - 561 203, KARNATAKA EMAIL SANVAUTOAGENCIES@GMAIL.COM PH NO. 9986795985 REPRESENTED BY ITS PROPRIETOR 2. MS. VIDYA A D PROPRIETOR OF M/S SANVI AUTO AGENCIES AGED 38 YEARS W/O DEEPAK RESIDING AT SHRE NILAYA, 1ST WARD BEHIND VOKKALIGARA BHAVANA, GANGADHARAPURA, DODDABALLAPUR, BANGALORE - 561 203. 3. MS H M SAVITHRI AGED ABOUT 65 YEARS W/O R GOPAL, RESIDING AT SRI NILAYA, GANGADHARAPURA, DODDABALLAPUR, BANGALORE – 561 203. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19389 WP No. 8739 of 2026 4. SRI. DEEPAK S.G S/O R. GOPAL, AGED ABOUT 45 YEARS RESIDING AT SHREE NILAYA,1ST WARD, BEHIND VOKKALIGARA BHAVANA GANGADHARAPURA, DODDABALLAPUR BANGALORE – 561 203 …PETITIONERS (BY SRI. VINOD KUMAR M.,ADVOCATE) AND: HERO FINCORP LTD A NON BANKING FINANCIAL CORPORATION DULY REGISTERED UNDER INDIAN COMPANIES ACT HAVING ITS REGISTERED OFFICE AT NO. 34, COMMUNITY CENTRE BASANT LOK, VASANT VIHAR NEW DELHI 110057 REPRESENTED BY ITS REGIONAL MANAGER …RESPONDENT (BY SRI.VINOD KUMAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AUCTION NOTICE AN/HFCL/SAA/25/AV-2/1 DTD 24.02.25 ISSUED BY RESPONDENT (ANNX-D )AND ADVOCATE COMMISSIONER NOTICE DTD 28.02.26(ANNX-G) IN SO FAR AS PETITIONER CONCERN.DIRECTING RESPONDENT TO AFFORD LATEST OTS SCHEME AND CLOSE THE LOAN UPON PAYMENT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:19389 WP No. 8739 of 2026 ORAL ORDER There is no representation on behalf of petitioners. The present writ petition is filed seeking the following prayers: "a) Issue Writ of Certiorari quashing auction notice No. AN/ HFCL/ SAA/ 25/ AN-1 dated 24.02.2025 issued by Respondent No.1 (Annexure-“D”), and Advocate commissioner notice dated 28.02.2026 issued by Respondent No.2 (Annexure-G), in so far as Petitioners Concern b) Issue Writ of Mandamus directing Respondent to afford latest OTS scheme and close the loan upon payment c) Grant such other reliefs as deemed fit." 2. The respondent is Hero Fincorp Ltd. which is a private finance company. In the light of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others arising out of WP.Nos.35564- 35566/2015 dated 27.03.2018, the present writ petition is not maintainable against Hero Fincorp Ltd, which is a private - 4 - HC-KAR NC: 2026:KHC:19389 WP No. 8739 of 2026 finance company. Further the learned counsel for the respondent submits that the auction could not take place as per the notice dated 24.02.2025. 3. 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 petitioners to avail the appropriate remedy, if they are aggrieved by any of the action initiated by the respondent Bank. ii. All pending I.As., in the writ petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 29