- 1 - HC-KAR NC: 2026:KHC:17811 WP No. 39001 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. 39001 OF 2025 (GM-DRT) BETWEEN: 1. ISMAIL ZABIULLA S/O SYED IBRAHIM AGE ABOUT 35 YEARS RESIDING AT CHINNAPPA STREET 1ST BLOCK, MADHUGIRI KARNATAKA - 572 132 2. PARVEEN TAJ W/O SYED IBRAHIM AGE ABOUT RESIDING AT CHINNAPPA STREET 1ST BLOCK MADHUGIRI KARNATAKA - 572 132 …PETITIONERS (BY SRI. S. MUBARAK BEGUM, ADVOCATE) AND: 1. BAJAJ FINANCE LTD NON BANKING FINANCE COMPANY REGISTERED UNDER THE RESERVE BANK OF INDIA AND CLASSIFIED AS NBFC INVESTMENT AND CREDIT COMPANY ACT REPRESENTED BY MANJUNATH BHAT DEPUTY MANAGER REGISTERED HEAD OFFICE AT MUMBAI PUNE ROAD AKURDI Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17811 WP No. 39001 of 2025 PUNE - 411 035 MAHARASHTRA HAVING ITS CORPORATE OFFICE AT 4TH FLOOR BAJAJ FINSERV OFF PUNE-AHMEDNAGAR ROAD VIMAN NAGAR PUNE - 411 014 MAHARASHTRA HAVING ITS BRANCH OFFICE AT 8TH FLOOR, PRESTIGE TOWERS RESIDENCY ROAD BENGALURU KARNATAKA PIN - 560 025 …RESPONDENT (BY SRI. SURESH V., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DATED 12.11.2025 PASSED IN CRL MISC NO. 247/2025 BY THE I ADDL SENIOR CIVIL JUDGE AND CJM TUMAKURU VIDE 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:17811 WP No. 39001 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayers: "a) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the impugned order dated 12/11/2025 passed in Crl. Misc. No.247/2025 by the I Addl. Senior Civil Judge & CJM, Tumakuru vide "ANNEXURE-A" b) Pass such other orders or orders as this Hon'ble Court deems fit in the interest of justice and equity." 2. The writ petition is filed in the year 2025. The writ petition is filed against the respondent Bajaj Finance Ltd., which is private financial 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. - 4 - HC-KAR NC: 2026:KHC:17811 WP No. 39001 of 2025 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. ii. Any amount that is paid by the petitioners by way of an interim order shall be returned to the petitioners. iii. As the petitioners have the benefit of the interim order, the same shall continue for a period of four weeks. iv. The respondent Bank shall not take any coercive steps. v. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 13