Karnataka High Court

WP/593/2024 of ASHWATH ALVA Vs INDIA BULLA HOUSING FINANCE LTD on 7 October 2026

2026:KHC:55907

CNR: KAHC010688362023 NC: 2026:KHC:55907 WP No. 593 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.593 OF 2024 (GM-DRT) BETWEEN: 1. ASHWATH ALVA S/O. SHANTHA ALVA, AGED ABOUT 45

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7TH DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.593 OF 2024 (GM-DRT)

BETWEEN:

1.

ASHWATH ALVA

S/O. SHANTHA ALVA,

AGED ABOUT 45 YEARS,

2.

PUSHPA ALVA

W/O. SHANTHA ALVA,

AGED ABOUT 70 YEARS,

BOTH ARE RESIDING AT D.NO.4-22-2,

SHIVAPRASAD, GUDDEKOPLA,

IDDYA VILLAGE, SURATHKAL,

MANGALURU-575 014.

…PETITIONERS

(BY SRI. DEEPAK WAGLE, ADVOCATE FOR

SRI. KESHAVA BHAT A., ADVOCATE)

AND:

1.

INDIA BULLA HOUSING FINANCE LTD.,

NO.116, I FLOOR, KRISHNA ARCADE,

BETWEEN 11TH & 12TH CROSS,

MARGOSA MAIN ROAD,

MALLESHWARAM,

BANGALORE-560 003,

REPRESENTED BY ITS

AUTHORIZED OFFICER/MANAGER.

2.

ASSETS CARE & RECONSTRUCTION

ENTERPRISE LTD.,

REGISTERED OFFICE 14TH FLOOR,

Digitally signed by

MAHALAKSHMI B M

Location: High Court

of Karnataka

HC-KAR

Page 1 of 2

EROS CORPORATE TOWER,

NEHRU PLACE,

NEW DELHI-110 019,

REPRESENTED BY ITS

AUTHORIZED OFFICER/MANAGER.

REG. UNDER COMPANIES ACT, 2013.

…RESPONDENTS

(BY SRI. FRANCIS XAVIER, ADVOCATE FOR R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION, SETTING ASIDE THE POSSESSION NOTICE DATED 06.12.2023

ISSUED BY THE AUTHORIZED OFFICER OF 2ND RESPONDENT

(ANNEXURE-A); CONSEQUENTLY, DIRECT THE RESPONDENTS TO

PERMIT THE PETITIONERS TO REGULARIZE THE LOAN ACCOUNT

BY PAYING OVERDUE INSTALLMENTS AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

1. The petitioner has approached this Court impugning the possession notice dated 06.12.2023 issued by respondent No.2.

2. Learned counsel for respondent No.2 submits that, during the pendency of this writ petition, the petitioner has settled the loan account and that respondent No.2 has issued No Due Certificate. A memo to that effect has been filed.

HC-KAR

3. Memo is taken on record.

4. In view of the above, the writ petition is disposed of.

Sd/- ____________________ JUSTICE K.S. HEMALEKHA

AT List No.: 1 Sl No.: 1

Page 2 of 2

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