Full Judgment Text
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NC: 2026:KHC:19390
WP No. 6411 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 8 DAY OF APRIL, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 6411 OF 2023 (GM-DRT)
BETWEEN:
1. SMT. M. N. KATHYAYINI
W/O K.N.PRAKASH,
AGED ABOUT 40 YEARS,
2. SRI K N PRAKASH
S/O LATE NARASIMHA PRASAD,
AGED ABOUT 46 YEARS,
BOTH ARE RESIDING AT :
R/AT DWARAKA MAYI NILAYA,
ST TH
1 MAIN, 4 CROSS,
VISHWANNA LAYOUT,
SHANTHINAGARA,
TUMKUR - 572 102.
…PETITIONERS
(BY SRI. A M MAHESHWARAPPA.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF FINANCE,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE MANAGING DIRECTOR
PNB HOUSING FINANCE LIMITED,
REGD OFFICE ANTHRIKSHA BHAVAN,
Digitally signed
by SUVARNA T
Location: HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC:19390
WP No. 6411 of 2023
HC-KAR
NO.22, 9TH FLOOR,
KASTURBA GANDHI MARG,
NEW DELHI – 110 001.
3. THE BRANCH MANAGER
PNB HOUSING FINANCE LIMITED,
NO.5, MATHRUSRI ARCADE,
100 FEET RING ROAD,
ST ND
1 PHASE, 2 STAGE,
BTM LAYOUT,
BENGALURU - 76.
4. THE AUTHORIZED OFFICER
PNB HOUSING FINANCE LIMITED,
NO.5, MATHRUSRI ARCADE,
100 FEET RING ROAD,
ST ND
1 PHASE, 2 STAGE,
BTM LAYOUT, BENGALURU - 76.
…RESPONDENTS
(BY SRI. MANJUNATH.K, HCGP FOR R1;
SRI. FRANCIES XAVIER, ADVOCATE R2 TO R4)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE E-AUCTION
NOTICE VIDE NO. PNBHFL/PSN/BAM/FEB/FY.2022-23/06 DTD
09/02/2023 PRODUCED AT ANNEXURE-B TO THE WPDIRECT
THE RESPONDENT BANK TO EXTEND THE MORATORIUM
BENEFITS TO THE PETITIONERS AND ALSO DIRECT THE BANK
TO FURNISH THE PROPER DETAILS OF ACCOUNTS DIRECT TO
THE RESPONDENT BANK TO CLARIFY THE HIDDEN CHARGES
OF RS. 4,30,706.71/- CHARGED AGAINST THE PETITIONER
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN “B” GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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NC: 2026:KHC:19390
WP No. 6411 of 2023
HC-KAR
ORAL ORDER
The present writ petition is filed seeking the following
prayers:
“Wherefore the petitioners most humbly prays
that in the interest of justice this Hon’ble Court
to please to:-
"a) Issue Writ of direction in the nature of
Certiorari or any other writ by way of directing
the respondent bank to quash E- auction notice
vide No.PNBHFL/ PSN/BAN/FEB/FY:2022-
23/06 dated 09.02.2023 produced at
Annexure-B to the writ petition.
b) Direct the respondent bank to extend the
moratorium benefits to the petitioners and also
direct the bank to furnish the proper details of
accounts.
c) Issue necessary direction to the respondent
bank to clarify the hidden charges of Rs.
4,30,706.71/- charged against the petitioner.
d) Issue such other orders as deemed fit grant
under the facts and circumstances of the case,
in the interest of justice and equity."
2. One of the reliefs sought is to quash the E-Auction
notice, the second relief is to extend the moratorium benefits
and the third relief is to clarify the hidden charges by the Bank.
3. Learned counsel appearing for the respondent/Bank
submits that the auction has not taken place, hence, there is
nothing to adjudicate on that. Then coming to the second and
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NC: 2026:KHC:19390
WP No. 6411 of 2023
HC-KAR
third reliefs, the petitioner can approach the Bank. 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 approach the
Bank.
ii. All pending I.As., in the writ petition shall stand
closed.
SD/-
(LALITHA KANNEGANTI)
JUDGE
PKN
List No.: 1 Sl No.: 38