Full Judgment Text
- 1 -
NC: 2026:KHC:14504
WP No. 7339 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 10 DAY OF MARCH, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 7339 OF 2026 (GM-DRT)
BETWEEN:
1. SRI. V.N. MARIMUTHU @
N. MARIMUTHU
AGED ABOUT 64 YEARS,
S/O. SRI. A. NALLASWAMY,
2. SRI. M. SUNDAR,
AGED ABOUT 39 YEARS,
S/O. SRI. N.MARIMUTHU
3. SRI. M. ANAND,
AGED ABOUT 37 YEARS,
S/O. SRI. N.MARIMUTHU,
PETITIONER NO.1 TO 3 ARE
RESIDING AT NO.62/A,
HENNUR BANDE, HORMAVU POST,
BANGALORE-560 113
4. SRI. NAGESHA,
AGED ABOUT 44 YEARS,
S/O. LATE ESHWARAPPA,
ST
RESIDING AT 2/2/1, 1 MAIN,
DODDARAMANNA LAYOUT,
NEAR SUBRAMANYA SWAMY TEMPLE,
HENNUR VILLAGE, KALYANAGAR POST,
BENGALURU-560 043.
…PETITIONERS
(BY SRI. BHARADWAJ K.R., ADVOCATE)
Digitally
signed by
SUVARNA T
Location:
HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2026:KHC:14504
WP No. 7339 of 2026
HC-KAR
AND:
1. TATA CAPITAL HOUSING FINANCE LIMITED
TH
11 FLOOR, TOWER A,
PENINSULA BUSINESS PARK,
GANPATRAO KADAM MARG,
LOWER PANEL,
MUMBAI-400 013.
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
2. SRI. VISHAL S.K.,
AGED ABOUT 34 YEARS,
S/O. SRI. KARUNAKARAN J.M.,
RESIDING AT NO. 1064-G,
TH
7 MAIN, HBR LAYOUT,
TH
4 BLOCK, KALYAN NAGAR,
BANGALORE -560 043
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT OR DIRECTION AND THEREBY QUASH THE POSSESSION
NOTICE DATED 21-11-2025 UNDER SECTION 13 (4) OF THE
SECURITIZATION AND RECONSTRUCTION OF FINANCIAL
ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT,
2002 (THE SARFAESI ACT, 2002) AT ANNEXURE- A IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
- 3 -
NC: 2026:KHC:14504
WP No. 7339 of 2026
HC-KAR
ORAL ORDER
The present writ petition is filed seeking the following
prayer:
“Therefore, under the circumstances, the petitioners
above named pray that this Hon’ble Court be pleased
to:
i. Issue a writ of Certiorari or any other appropriate writ
or direction and thereby quash the Possession Notice
dated 21-11-2025 under Section 13 (4) of the
Securitization and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002 ("The
SARFAESI ACT, 2002") at Annexure A in the interest of
Justice and equity.
ii. And grant such other writ/order/direction as this
Hon’ble Court deemed fit under the circumstances of
the case, in the interest of justice and equity.
2. In the light of the Judgment passed by the Hon’ble Apex
Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC
Private Limited Vs. Vishwa Bharathi Vidya Mandir and
others arising out of WP.Nos.35564-35566/2015 dated
27.03.2018, the present writ petition is not maintainable against
Respondent-1/Tata Capital Housing Finance Limited.
3. Learned counsel appearing for the petitioner submits that
the liberty may be granted to avail the appropriate remedy in
accordance with law.
- 4 -
NC: 2026:KHC:14504
WP No. 7339 of 2026
HC-KAR
4. In that view of the matter this Court is passing the
following:
ORDER
i. Accordingly, the Writ petition is disposed of giving
liberty to the petitioner to avail the appropriate
remedy.
ii. The petitioner shall have the benefit of Section 14 of
the Limitation Act, 1963.
iii. All pending I.As., in the petition shall stand closed.
Sd/-
(LALITHA KANNEGANTI)
JUDGE
TS
List No.: 1 Sl No.: 53
NC: 2026:KHC:14504
WP No. 7339 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 10 DAY OF MARCH, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 7339 OF 2026 (GM-DRT)
BETWEEN:
1. SRI. V.N. MARIMUTHU @
N. MARIMUTHU
AGED ABOUT 64 YEARS,
S/O. SRI. A. NALLASWAMY,
2. SRI. M. SUNDAR,
AGED ABOUT 39 YEARS,
S/O. SRI. N.MARIMUTHU
3. SRI. M. ANAND,
AGED ABOUT 37 YEARS,
S/O. SRI. N.MARIMUTHU,
PETITIONER NO.1 TO 3 ARE
RESIDING AT NO.62/A,
HENNUR BANDE, HORMAVU POST,
BANGALORE-560 113
4. SRI. NAGESHA,
AGED ABOUT 44 YEARS,
S/O. LATE ESHWARAPPA,
ST
RESIDING AT 2/2/1, 1 MAIN,
DODDARAMANNA LAYOUT,
NEAR SUBRAMANYA SWAMY TEMPLE,
HENNUR VILLAGE, KALYANAGAR POST,
BENGALURU-560 043.
…PETITIONERS
(BY SRI. BHARADWAJ K.R., ADVOCATE)
Digitally
signed by
SUVARNA T
Location:
HIGH
COURT OF
KARNATAKA
- 2 -
NC: 2026:KHC:14504
WP No. 7339 of 2026
HC-KAR
AND:
1. TATA CAPITAL HOUSING FINANCE LIMITED
TH
11 FLOOR, TOWER A,
PENINSULA BUSINESS PARK,
GANPATRAO KADAM MARG,
LOWER PANEL,
MUMBAI-400 013.
REPRESENTED BY ITS
AUTHORIZED SIGNATORY
2. SRI. VISHAL S.K.,
AGED ABOUT 34 YEARS,
S/O. SRI. KARUNAKARAN J.M.,
RESIDING AT NO. 1064-G,
TH
7 MAIN, HBR LAYOUT,
TH
4 BLOCK, KALYAN NAGAR,
BANGALORE -560 043
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT OR DIRECTION AND THEREBY QUASH THE POSSESSION
NOTICE DATED 21-11-2025 UNDER SECTION 13 (4) OF THE
SECURITIZATION AND RECONSTRUCTION OF FINANCIAL
ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT,
2002 (THE SARFAESI ACT, 2002) AT ANNEXURE- A IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
- 3 -
NC: 2026:KHC:14504
WP No. 7339 of 2026
HC-KAR
ORAL ORDER
The present writ petition is filed seeking the following
prayer:
“Therefore, under the circumstances, the petitioners
above named pray that this Hon’ble Court be pleased
to:
i. Issue a writ of Certiorari or any other appropriate writ
or direction and thereby quash the Possession Notice
dated 21-11-2025 under Section 13 (4) of the
Securitization and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002 ("The
SARFAESI ACT, 2002") at Annexure A in the interest of
Justice and equity.
ii. And grant such other writ/order/direction as this
Hon’ble Court deemed fit under the circumstances of
the case, in the interest of justice and equity.
2. In the light of the Judgment passed by the Hon’ble Apex
Court in Civil Appeal Nos.257-259/2022 between Phoenix ARC
Private Limited Vs. Vishwa Bharathi Vidya Mandir and
others arising out of WP.Nos.35564-35566/2015 dated
27.03.2018, the present writ petition is not maintainable against
Respondent-1/Tata Capital Housing Finance Limited.
3. Learned counsel appearing for the petitioner submits that
the liberty may be granted to avail the appropriate remedy in
accordance with law.
- 4 -
NC: 2026:KHC:14504
WP No. 7339 of 2026
HC-KAR
4. In that view of the matter this Court is passing the
following:
ORDER
i. Accordingly, the Writ petition is disposed of giving
liberty to the petitioner to avail the appropriate
remedy.
ii. The petitioner shall have the benefit of Section 14 of
the Limitation Act, 1963.
iii. All pending I.As., in the petition shall stand closed.
Sd/-
(LALITHA KANNEGANTI)
JUDGE
TS
List No.: 1 Sl No.: 53