Karnataka High Court
WP/9390/2024 of MRS. GODHA KRISHNA PRASAD H V Vs HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED (HDFC BANK) on 5 October 2026
CNR: KAHC010179972024 NC: 2026:KHC:55239 WP No. 9390 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.9390 OF 2024 (GM-RES) BETWEEN: MRS. GODHA KRISHNA PRASAD H.V. W/O MR. KRISHNA
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.9390 OF 2024 (GM-RES)
BETWEEN:
MRS. GODHA KRISHNA PRASAD H.V.
W/O MR. KRISHNA PRASAD M.V.
AGED ABOUT 59 YEARS,
R/AT 116/5-1, 11TH CROSS,
MALLESHWARAM,
BENGALURU-560003.
…PETITIONER
(BY SRI. SOMASHEKARA K.M., ADVOCATE)
AND:
1.
HOUSING DEVELOPMENT FINANCE
CORPORATION LIMITED (HDFC BANK)
NO.51,KASTURBA ROAD
BENGALURU-560001
REP. BY ITS AUTHORISED OFFICER.
2.
THE BRANCH MANAGER
HOUSING DEVELOPMENT FINANCE
CORPORATION LIMITED (HDFC) BANK
NO.51, KASTURBA ROAD
BENGALURU-560001.
3.
UNION BANK OF INDIA
MALLESHWARAM BRANCH,
NO.116, 11TH CROSS ROAD,
MALLESHWARAM,
BENGALURU-560003
REP. BY BRANCH MANAGER.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
(R-3 IS IMPLEADED VIDE
COURT ORDER DATED 08.04.2024)
…RESPONDENTS
(BY SRI. FRANCIS XAVIER, ADVOCATE FOR C/R-1 & R-2; SRI. VIGNESH SHETTY, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE TO TAKE POSSESSION OF THE SECURED ASSETS DATED
14.03.2024 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF
SCHEDULE PROPERTY VIDE ANNEXURE-M AND CONSEQUENTLY, DIRECT THE RESPONDENTS-BANK TO REGULARISE THE LOAN
ACCOUNTS
OF
THE
PETITIONERS
VIDE
NOS.
634625654,
636261359, 636512012 & 637486037 RESPECTIVELY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
1. The petitioner has filed the present petition impugning the notice issued under sub-Section (8) of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act] and consequently, seeking a direction to respondent No.1-Bank to regularise the loan accounts of the petitioner.
2. The learned counsel for the petitioner fairly submits that, subsequent to the filing of the present petition, respondent No.1-
HC-KAR
Bank had issued a public auction notice, which has been assailed by the petitioner before the Debts Recovery Tribunal [DRT] under Section 17 of the SARFAESI Act and the same has been numbered as Diary No.919/2026.
3. In view of the above, as the petitioner has already challenged the auction proceedings before the DRT and the said proceedings are pending consideration, nothing survives for consideration in the present petition. Accordingly, the petition is dismissed.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
MBM List No.: 1 Sl No.: 29