Karnataka High Court
WP/11647/2024 of SMT. PANDISELVI A Vs NIVARA HOME FINANCE LTD on 29 September 2026
CNR: KAHC010231882024 NC: 2026:KHC:54330 WP No. 11647 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 11647 OF 2024 (GM-DRT) BETWEEN: 1. SMT. PANDISELVI A W/O LATE RAJSHEKAR, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 11647 OF 2024 (GM-DRT)
BETWEEN:
1.
SMT. PANDISELVI A
W/O LATE RAJSHEKAR,
AGED ABOUT 56 YEARS,
NO. 2085, 10TH CROSS,
10TH MAIN, SANJIVINI NAGAR,
SAHAKARANAGAR, SAHAKARNAGAR P.O
BANGALORE-560092.
…PETITIONER
(BY SRI. N SURESHA.,ADVOCATE)
AND:
1.
NIVARA HOME FINANCE LTD
NO. 22,23,24,25/101/3
3RD FLOOR, BNR COMPLEX,
SRI RAMA LAYOUT,
OPP RBI LAYOUT, 7TH PHASE,
J.P NAGAR, BANGALORE-56078
REPRESENTED BY AUTHORIZED OFFICER /
SENIOR MANAGER.
2.
RICHARD BERTONS
S/O SANDY HAGU,
NO. 20/A, MARIYANNA PALYA ROAD,
NEAR BUS STOP ANANDNAGAR,
BANGALORE-56024.
HC-KAR
3.
VINOD KUMAR
S/O LATE RAJASHEKAR,
AGED ABOUT 33 YEARS,
NO.2085, 10TH CROSS,
10TH MAIN, SANJIVINI NAGAR,
SAHAKARNAGAR, SAHAKARNAGAR P.O
BANGALORE-560092.
4.
BALARAJ S
S/O SANDY HAGU,
AGED ABOUT 42 YEARS
NO. 200/A, MARIYANNA PALYA ROAD,
NEAR BUS STOP, ANANDNAGAR,
BANGALORE-56024.
…RESPONDENTS
(BY SRI. SHARATH KUMAR SHETTY.,ADVOCATE FOR R1
NOTICE TO R4 IS HELD SUFFICIENT V/O DTD 21.8.2024)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH POSSESSION
DTD. 09.01.2024 AS PER ANNX-C.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
1. The present petition is filed seeking for the following reliefs: "a. to issue writ of Certiorari to quash Possession dated 9.1.2024 as per Annexure-C.
b. Writ of Mandamus directing the respondent No.1 to consider the petitioners representation Dt:5/1/24
HC-KAR
for regularising the loan account as per Annexure- B. (C) To grant such other relief as the Hon'ble Court deems fit and other circumstances."
2. Learned counsel for respondent No.1-Financial Institution submits that pursuant to the interim order dated 10.06.2024 passed by this Court in the present writ petition, the petitioner has deposited a sum of Rs.4 lakhs, consequent to which no further amounts have been paid by the petitioner towards re- payment of the credit facilities availed from respondent No.1.
3. Learned counsel for respondent No.1 submits that the total amount due is (Rs.10,12,874 + Rs.8,95,643/-) Rs.19,08,517/- in respect of two credit facilities availed by the petitioner. That respondent No.1 has issued a notice dated 19.09.2026 under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021 and that the earlier possession notice dated 09.01.2024 (Annexure - C to the writ petition) which is impugned in the present writ petition has been withdrawn.
1 Hereinafter referred to as 'SARFAESI Act'
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4. In view of the fact that respondent No.1 has withdrawn the impugned possession notice dated 09.01.2024 and since respondent No.1 has initiated proceedings under the provisions of the Act, the present writ petition stands disposed of.
5. This order shall not precluded the parties from availing appropriate measures/remedies in accordance with law.
(C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 30