Karnataka High Court
WP/31793/2026 of SRI H SUPRITH SHETTY Vs M/S HINDUJA HOUSING FINANCE on 7 October 2026
2026:KHC:56199
CNR: KAHC010700582026 NC: 2026:KHC:56199 WP No. 31793 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 31793 OF 2026 (GM-DRT) BETWEEN: 1. SRI H SUPRITH SHETTY S/O N SEETHARAM SHETTY AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 31793 OF 2026 (GM-DRT)
BETWEEN:
1.
SRI H SUPRITH SHETTY
S/O N SEETHARAM SHETTY
AGED ABOUT 52 YEARS,
2.
SMT. MALLIKA S SHETTY
W/O H SUPRITH SHETTY,
AGED ABOUT 44 YEARS
BOTH ARE RESIDING AT PRASIDDI ENCLAVE,
NO. 46 AND 47,
SF-01, 12TH A CROSS
GANGAMMA GARDEN,
MAALAGALA VISWANEEDAM POST
BENGALURU - 560091
…PETITIONERS
(BY SRI. GIREESHA KODGI.,ADVOCATE)
AND:
1.
M/S HINDUJA HOUSING FINANCE
REGISTERED OFFICE AT
167-169, 2ND FLOOR, ANNA SALAI,
SAIDA PET CHENNAI - 600015
(A COMPANY REGISTERED UNDER
THE COMPANIES ACT)
BRANCH OFFICE AT
NO.50, 4TH FLOOR, VINAY ARCADE,
HC-KAR
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K H ROAD, SHANTHINAGAR
BEHIND CANARA BANK,
BENGALURU - 560027
REP BY ITS AUTHORISED REPRESENTATIVE
SMR. KISHORE BABU C
…RESPONDENT
(BY SRI. S.N. CHANDRA SHEKAR.,
ADVOCATE FOR CAVEATOR/RESPONDENT)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI QUASHING THE ORDER DATED 4-6-2026 IN CRL.
MISC.
NO.950/2026
PASSED
BY
THE
CHIEF
JUDICIAL
MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU AS
PER ANNEXURE-B.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petition is filed seeking for the following reliefs: "a) Issue writ of certiorari quashing the order Dated 4-6-2026 in Crl. Misc. No.950/2026 passed by the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru as per Annexure-B.
HC-KAR
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b) Declare that the initiation of proceedings under Section 14 of the SARFAESI Act by the Respondent Bank, without issuing valid demand notice under Section 13(2) SARFAESI Act and without expiry of the statutory period of 60 days therefrom, is illegal without jurisdiction and contrary to the provisions of the SARFAESI Act,.
c) Issue any other order or award as this Hon'ble Court deems fit in the facts and circumstances of the case."
2. It is forthcoming that in the present writ petition the order dated 04.06.2026 (Annexure-B to the writ petition) passed in Crl.Misc.No.950/2026 passed by the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, has been called in question, which is a proceedings initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021.
3. Having regard to the fact that the petitioner has an alternate efficacious remedy under the provisions of the SARFAESI Act, the present writ petition stands dismissed.
1 Hereinafter referred to as the 'SARFAESI Act'
HC-KAR
4. This order will not preclude the petitioner from availing remedies in accordance with law.
5. Pending IAs., if any, stand disposed of.
(C.M. POONACHA) JUDGE
ND List No.: 3 Sl No.: 3
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