SOWMYA.M.S. vs VASTU HOUSING FINANCE CORPORATION LIMITED
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61175
WP No. 21777 of 2026
CNR: KAHC010479272026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 21777 OF 2026 (GM-DRT)
BETWEEN:
1. SOWMYA.M.S.,
D/O SHIVALINGA ARADHYA .M,
W/O SRI NANJUNDA ARADHYA M,
AGED ABOUT 34 YEARS,
RESIDING AT NO.61/2,
MALAGANAKERE VILLAGE,
MAKODU POST, RAVANDURU HOBLI,
MALAGANAKERE,
NEAR WATER TANK,
PERIYAPATNA TALUK,
MYSURU DISTRICT - 571 108.
MOBILE NO.998601665;
AADHAAR NO.2797 9325 0293.
2. NANJUNDA ARADHYA. M
S/O. MALLARADHYA,
AGED ABOUT 49 YEARS,
RESIDING AT NO. 61/2,
MALAGANAKERE VILLAGE,
MAKODU POST, RAVANDURU HOBLI,
MALAGANAKERE,
NEAR WATER TANK,
PERIYAPATNA TALUK,
MYSURU DISTRICT - 571 108.
MOBILE NO.76761 56397,
AADHAAR NO.747 3802 2209.
3. SUSHEELAMMA. M,
W/O. SHIVALINGARADHYA,
AGED ABOUT 60 YEARS,
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HC-KAR
NC: 2026:KHC:61175
WP No. 21777 of 2026
CNR: KAHC010479272026
RESIDING AT NO.61/2,
MALAGANAKERE VILLAGE,
MAKODU POST,
RAVANDURU HOBLI,
MALAGANAKERE,
NEAR WATER TANK,
PERIYAPATNA TALUK,
MYSURU DISTRICT - 571 108.
MOBILE NO.8904450364,
AADHAAR NO.6863 4605 9501.
4. SHIVALINGA ARADHYA,
S/O. MALLARADHYA,
AGED ABOUT 60 YEARS,
RESIDING AT NO.61/2,
MALAGANAKERE VILLAGE,
MAKODU POST,
RAVANDURU HOBLI,
MALAGANAKERE,
NEAR WATER TANK,
PERIYAPATNA TALUK,
MYSURU DISTRICT - 571 108.
MOBILE NO.8904450364,
AADHAAR NO.5288 9574 7516.
…PETITIONERS
(BY SRI. M.G.GHORPADE PATIL., ADVOCATE)
AND:
VASTU HOUSING FINANCE
CORPORATION LIMITED,
(A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956),
HAVING ITS BRANCH OFFICE
AT MYSURU AND
REGISTERED OFFICE AT NO.39/2,
4TH FLOOR, SANTOSHIMA ENCLAVE,
B BLOCK, T. DASARAHALLI,
8TH MILE, TUMKUR ROAD,
BENGALURU -560 057,
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HC-KAR
NC: 2026:KHC:61175
WP No. 21777 of 2026
CNR: KAHC010479272026
REPRESENTED BY ITS
AUTHORISED SIGNATORY,
SRI YALLESH.C.
HAVING REGISTERED OFFICE AT
UNIT NO.203 & 204, 2ND FLOOR,
"A" WING, NAVBHARAT ESTATE,
BARRISTER NATH PAI MARG/
ZAKARIA BUNDAR ROAD,
AZAD NAAR, SEWRI [WEST],
MUMBAI,
MAHARASHTRA - 400 015.
…RESPONDENT
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARIFIED MANDAMUS DIRECTING THE RESPONDENT
VASTU HOUSING FINANCE CORPORATION LIMITED TO
IMMEDIATELY PRODUCE ALL ENTIRE AND UP TO DATE
RECORDS AND ALL STATEMENT OF ACCOUNTS PERTAINING TO
SANCTION OF LOAN TO THE PETITIONERS ON PETITION
SCHEDULE PROPERTY INCLUDING REGISTER/DETAILS OF
RECEIPTS RECEIPT OF PAYMENT, RECORDS OF LOAN AMOUNT
RECEIVED FROM THE PETITIONERS THROUGH RECOVERY
AGENTS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petition is filed seeking for the following
reliefs:
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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HC-KAR
NC: 2026:KHC:61175
WP No. 21777 of 2026
CNR: KAHC010479272026
(a) issue a Writ of Certiorarified Mandamus directing
the respondent Vastu Housing Finance Corporation
Limited to immediately produce all entire and up to date
records and all statement of accounts pertaining to
sanction of loan to the Petitioners on Petition Schedule
Property including Register/details of receipts receipt of
payment. records of loan amount received from the
Petitioners through Recovery Agents
[b] a issue Writ of Certiorari for quashing the impugned
Order, dated: 09-09-2025 passed by the Trial Court of
Hon'ble III Additional Senior Civil Judge and Chief Judicial
Magistrate at Mysuru in Criminal Miscellaneous Petition
No.235/2025 on the Application file by the Respondent -
Vastu Housing Finance Corporation Limited Under Section
14 of the Securitization an Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002
vide "ANNEXURE - "А"
[c] to issue a Writ of Certiorari for quashing the
impugned Possession Notice, dated: 17-09-2025 issued
by the Respondent Bank to Petitioners vide "ANNEXURE –
“F”
and
[d] to grant such other relief or reliefs as this Hon'ble
Court deems fit to grant in the facts and in the
circumstances of the case, by allowing the above Petition,
in the interest of justice and equity."
2. The petitioner, interalia , assails the order dated
09.09.2025, passed in Criminal Miscellaneous Petition No.235
of 2025, by the Court of the III Additional Senior Civil Judge
and CJM at Mysuru, (Annexure-A to the Writ Petition) as well as
the possession notice dated 17.09.2025 (Annexure-F to the
Writ Petition).
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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HC-KAR
NC: 2026:KHC:61175
WP No. 21777 of 2026
CNR: KAHC010479272026
3. It is forthcoming from the impugned order dated
09.09.2025 in Crl. Misc. No.235/2025 (Annexure -A to the writ
petition) is passed pursuant to the application filed by the
respondent under Section 14 of the Securitisation and
Reconstruction of Financial Assets and Enforcement of Security
1
.
Interest Act, 2002 It is further forthcoming that, the
possession notice dated 17.09.2025 (Annexure - F to the writ
petition) has also been issued pursuant to measures intiated
under the said Act.
4. It is submitted by the learned counsel for the
petitioner that the possession of the property has also been
taken.
5. A perusal of the possession notice dated
17.09.2025 clearly indicates that various measures under the
provisions of the Act, have been initiated by the respondent.
6. It is further pertinent to note that the possession
notice is issued on 17.09.2025 and the present writ petition is
1
Hereinafter referred to as 'Act'
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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HC-KAR
NC: 2026:KHC:61175
WP No. 21777 of 2026
CNR: KAHC010479272026
filed on 13.07.2026 after nearly 10 months of the possession
notice.
7. Although it is the vehement contented by the
learned counsel for the petitioner that, a loan of Rs.9,00,000/-
was availed and all the amounts have been paid. It is
forthcoming from the possession notice dated 17.09.2025 that
a sum of Rs.8,75,360/- was due and outstanding as on
07.11.2024. There is no material on record placed by the
petitioner to indicate that the said amount has been paid to the
respondent.
8. In view of the fact that the impugned order dated
09.09.2025 (Annexure-A to the writ petition) and possession
notice (Annexure - F to the writ petition) are consequent to
measures having been initiated by the respondent under the
provisions of the Act, and since adequate remedies are
available to the petitioner under provisions of the said Act , the
question of entertaining the present writ petition does not
arise.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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HC-KAR
NC: 2026:KHC:61175
WP No. 21777 of 2026
CNR: KAHC010479272026
9. Accordingly the present writ petition stands
dismissed.
10. This order will not preclude the petitioner from
availing appropriate remedies as permissible under law.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
(C.M. POONACHA)
JUDGE
HR
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