M/S India Shelter Finance Corporation Limited Vs State of Karnataka

¶1

1 -

¶2

NC: 2026:KHC:22774 WP No. 11600 of 2026

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF APRIL, 2026 BEFORE

¶5

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11600 OF 2026 (GM-POLICE)

¶6

BETWEEN:

¶7

M/S INDIA SHELTER FINANCE CORPORATION LIMITED REGIONAL OFFICE AT NO.20, 2^ND FLOOR, 24^TH MAIN, 2^ND PHASE, JP NAGAR, BENGALURU - 560 078. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE SRI. PASUMARTY SRINIVAS BHARAT

¶8

…PETITIONER

¶9

(BY SRI. SURESH V, ADVOCATE)

¶10

Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

¶11

AND:

¶12

STATE OF KARNATAKA BY STATION HOUSE OFFICER, JAYANAGAR POLICE STATION, D-Z-560, SHETTIHALLI MAIN ROAD, OPP. HMS COLLEGE, DASAPPA GARDEN, TUMKURU - 572 102.

¶13

THE SUPERINTENDENT OF POLICE, B H ROAD, ASHOK NAGAR, TUMKURU - 572 103.

¶14

…RESPONDENTS

¶15

(BY SRI. K P YOGANNA, AGA)

¶16

2 - NC: 2026:KHC:22774 WP No. 11600 of 2026

¶17

HC-KAR

¶18

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO THE R1 AND 2 DIRECTING THEM TO ASSIST THE PETITIONER COMPANY IN TAKING PHYSICAL POSSESSION OF SECURED PROPERTY IN PURSUANCE OF ORDER DATED 25.09.2025 PASSED BY THE COURT OF THE PRL. SENIOR CIVIL JUDGE AND CJM TUMAKURU IN CRL. MUSC NO. 49/2025 AND ETC.,

¶19

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶20

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

¶21

ORAL ORDER

¶22

The petitioner, a secured creditor, has initiated

¶23

measures under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Upon issuance of demand notice under Section 13(2) of the Act, the petitioner proceeded to invoke further statutory remedies by issuing possession notice under Section 13(4), calling upon the borrower/defaulter to discharge the outstanding liability quantified at Rs.17,70,552/-. Thereafter, having complied with all statutory mandates as contemplated under the Act and Rules framed thereunder, the petitioner approached

¶24

3 - NC: 2026:KHC:22774 WP No. 11600 of 2026

¶25

HC-KAR

¶26

the jurisdictional Court by filing an application under Section 14 of the Act before the Court of the Principal Senior Civil Judge and CJM at Tumakuru.

¶27

The jurisdictional Civil Court, upon

¶28

consideration of the material placed on record, has allowed the said application and passed appropriate orders authorising the petitioner–secured creditor to take physical possession of the secured asset. The Court has further directed the jurisdictional police to extend necessary assistance to the Court Commissioner for effectuating the order of taking physical possession, if the circumstances so warrant. The said order is produced at Annexure-B. Notwithstanding the said judicial order, the petitioner contends that representations submitted to respondent No.2 – Superintendent of Police, as per Annexures-C and D, have not evoked any response, thereby compelling the petitioner to invoke the writ jurisdiction of this Court alleging inaction on the part of the police authorities.

¶29

4 -

¶30

NC: 2026:KHC:22774 WP No. 11600 of 2026

¶31

HC-KAR

¶32

Be that as it may, on a careful consideration of the averments and material on record, this Court is of the considered opinion that the petitioner has not approached the appropriate authority in the manner known to law. When the order passed under Section 14 of the Act specifically contemplates police aid through the jurisdictional machinery, the petitioner is required to submit an appropriate representation before the jurisdictional Station House Officer, who is the competent authority to act upon such request and implement the directions issued by the Civil Court.

¶33

In that view of the matter, without expressing any opinion on the merits of the claim, this Court deems it appropriate to dispose of the writ petition reserving liberty to the petitioner to approach the jurisdictional police station by submitting a fresh representation along with all relevant documents, including the order passed under Section 14 of the Act, for seeking necessary police protection to give effect to the order of the Civil Court.

¶34

5 -

¶35

NC: 2026:KHC:22774 WP No. 11600 of 2026

¶36

HC-KAR

¶37

For the foregoing reasons, this Court proceeds

¶38

to pass the following:

¶39

ORDER

¶40

(i) The writ petition stands disposed of.

¶41

(ii) Liberty is reserved to the petitioner to approach the jurisdictional Station House Officer by submitting a fresh representation seeking police assistance for implementation of the order passed under Section 14 of the SARFAESI Act, as evidenced at Annexure-B.

¶42

(iii) In the event such a representation is submitted, the jurisdictional police shall consider the same in accordance with law and take appropriate action, keeping in view the directions issued by the competent Civil Court.

¶43

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

¶44

CA

¶45

List No.: 3 Sl No.: 1

M/S India Shelter Finance Corporation Limited v. State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S India Shelter Finance Corporation Limited v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt. Umadevamma, Vs the State of Karnataka

Mr. Devappa @ Devendra Biradar Vs State of Karnataka

Friends City Recreation Nyamathi-Surahonne Vs the State of Karnataka

Sri Dilip Appachu Vs the State of Karnataka

M/S Jay Jagannath Wood Vs the State of Karnataka

Srikanteshwara Traders Vs State of Karnataka