Karnataka High Court
WP/28708/2026 of M/S. A. M. ENTERPRISES Vs IDFC FIRST BANK on 11 September 2026
CNR: KAHC010627392026 NC: 2026:KHC:49959 WP No. 28708 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 28708 OF 2026 (GM-RES) BETWEEN: 1. M/S. A . M. ENTERPRISES REPRESENTED BY ITS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 28708 OF 2026 (GM-RES)
BETWEEN:
1.
M/S. A. M. ENTERPRISES
REPRESENTED BY ITS PARTNERS,
S. JAVEED S/O. SAMIULLA
AND SAMEENA BANU, PARTNERSHIP FIRM
OFFICE AT NO. 127,
KHBCS LAYOUT, LAGGERE,
PO PEENYA SMALL INDUSTRIES,
BENGALURU 560 058.
BEARING REGISTRATION NO. 29ABAFA1457G1ZN
2.
SRI S. JAVEED
S/O. SAMIULLA
AGED ABOUT 47 YEARS,
PARTNER, M/S. A.M. ENTERPRISES
OFFICE AT NO. 127, KHBCS LAYOUT,
LAGGERE, PO PEENYA SMALL INDUSTRIES,
BENGALURU 560 058.
3.
SMT. SAMEENA BANU,
W/O. S JAVEED, PARTNER,
M/S. A.M. ENTERPRISES
AGED ABOUT 41 YEARS,
NO. 127, KHBCS LAYOUT,
LAGGERE, PO PEENYA SMALL INDUSTRIES,
BENGALURU 560 058.
…PETITIONERS
(BY SMT. ANKITA PATIL, ADVOCATE FOR
SRI. RAHAMATHULLA KOTHWAL, ADVOCATE)
HC-KAR
AND:
IDFC FIRST BANK
REPRESENTED BY ITS BRANCH MANAGER,
KCA ENCLAVE BRANCH,
2ND FLOOR, POLICE STATION ROAD,
KORAMANGALA,
BENGALURU 560 095.
…RESPONDENT
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE
RESPONDENT
TO
RESTORE
THE
POSSESSION
OF
THE
SCHEDULE PROPERTY TO THE PETITIONERS SUBJECT TO SUCH
TERMS AND CONDITIONS AS THIS HONBLE COURT MAY DEEM
FIT.
THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present writ petition is filed seeking for the following reliefs: "a. Issue an appropriate writ, order or direction to the respondent to restore the possession of the Schedule Property to the Petitioners subject to such terms and conditions as this Hon'ble Court may deem fit;
b. Issue an appropriate writ, or order quashing the communication dated 28.08.2026 (Annexure- 'A') and consequently restrain the Respondents from taking physical possession of, dispossessing the tenants of the Petitioner from the Schedule
HC-KAR
Property pursuant to the order dated 28.07.2026 passed in [Annexure B] Crl.Misc.No.5483/2026 passed by the Additional Chief Metropolitan Magistrate, Bengaluru.
c. Issue an appropriate writ, order or direction directing the Respondent Bank to consider the Petitioners' request for regularization of the loan account and to grant reasonable time to make payment of the lawful outstanding dues by way of One Time Settlement, subject to such terms and conditions as this Hon'ble Court may deem fit;
d. Issue an appropriate writ or order quashing the order dated 28.07.2026 passed in Crl. Misc.No.5483/2026 passed by the learned XXXI Additional Chief Metropolitan Magistrate, Bengaluru vide Annexure-B.
e. pass any order as it may deem fit in the interest of justice and equity."
2. It is forthcoming that the petitioner seeks to impugn the auction conducted by the respondent - bank which is being taken pursuant to the proceedings having been initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021. In view of the alternative remedy available to the petitioner under Section 17 of the SARFAESI Act, the present writ petition is disposed of.
1 Hereinafter referred to as the 'SARFAESI Act'
HC-KAR
3. This order will not preclude the petitioner from availing remedies in accordance with law.
(C.M. POONACHA) JUDGE
ND List No.: 1 Sl No.: 33