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2026 DAILYLAW 9206 (KAR)

SMT FATHIMA BIBI v. MUTHOOT HOUSING FINANCE LTD

WP/23585/2023 · 2026-03-18

Lalitha Kanneganti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:16075 WP No. 23585 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23585 OF 2023 (GM-DRT) BETWEEN: 1. SMT. FATHIMA BIBI W/O AKRAM PASHA, AGED ABOUT 44 YEARS, 2. SRI. AKRAM PASHA S/O LATE BUDAN SAA @ R BABA, AGED ABOUT 47 YEARS, RESIDING AT NO. 359, AHAMADNAGAR, CHANNAPATNA TOWN, NEAR KSRTC BUS DEPOT, RAMANAGARAM DISTRICT - 562 160. …PETITIONERS (BY SRI. MOHAMMED SALEHA @ MUKARRAM ADVOCATE) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16075 WP No. 23585 of 2023 AND: MUTHOOT HOUSING FINANCE LTD., 39/41 MADHU COMPLEX, KA 1359-E, BURUGAL MUTT ROAD, AHAMADNAGAR, RAMANAGARAM - 562 159 REP. BY ITS BRANCH MANAGER, REGISTERED UNDER COMPANIES ACT 1956. …RESPONDENT (BY SRI. LOKESH K.V, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH OR SET ASIDE THE IMPUGNED NOTICE DTD 21.08.2023 AND 16.09.2023 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURES-A AND B RESPECTIVELY AND ALLOW THE ABOVE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:16075 WP No. 23585 of 2023 ORAL ORDER The present writ petition is filed seeking the following prayers: "a) Issue a writ in the nature of Certiorari or any other writ or order, quashing or setting aside the impugned notices dated 21.08.2023 and 16.09.2023 issued by the Respondent Bank vide ANNEXURES- A AND B respectively; and b) To issue any other appropriate Writ or Order or Direction as this Hon'ble Court deems fit to grant under the facts and circumstances of the case by allowing the above Writ Petition, in the interest of justice and equity." 2. The writ petition is of the year 2023. The writ petition is filed against respondent Muthoot Housing Finance Ltd., which is a private financial company. In the light of the law laid down by the Hon'ble Apex Court in case of S.Shobha - 4 - HC-KAR NC: 2026:KHC:16075 WP No. 23585 of 2023 Vs. Muthoot Finance Ltd.1, the writ petition is not maintainable against the private finance company. 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: Hence, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed as not maintainable, giving liberty to the petitioners to avail the appropriate remedy. ii. The petitioners shall have the benefit of Section 14 of the Limitation Act. iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC/List No.: 1 Sl No.: 12 1 2025 INSC 117