Dismissed¶42

Smt Fathima Bibi v. Muthoot Housing Finance Ltd.

Karnataka HC18 Mar 2026WP/23585/2023

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), Lalitha Kanneganti J., Order dated 18-03-2026 in WP No. 23585 of 2023 (GM-DRT) [NC: 2026:KHC:16075]. Petitioners Fathima Bibi and Akram Pasha sought certiorari to quash notices dated 21.08.2023 and 16.09.2023 (Annexures-A and B) issued by Muthoot Housing Finance Ltd. Held following S.Shobha Vs. Muthoot Finance Ltd., 2025 INSC 117, that a writ petition is not maintainable against a private finance company; petition dismissed as not maintainable with liberty to pursue appropriate remedy and benefit of Section 14 of the Limitation Act.

What did the court decide?

Writ petition dismissed as not maintainable, with liberty to the petitioners to avail the appropriate remedy and the benefit of Section 14 of the Limitation Act; pending IAs, if any, stand closed. ¶42

Smt Fathima Bibi Vs Muthoot Housing Finance Ltd. — Company and Corporate | Karnataka HC (2026)

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NC: 2026:KHC:16075 WP No. 23585 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 23585 OF 2023 (GM-DRT)

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BETWEEN:

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SMT. FATHIMA BIBI

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W/O AKRAM PASHA, AGED ABOUT 44 YEARS,

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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SRI. AKRAM PASHA S/O LATE BUDAN SAA @ R BABA, AGED ABOUT 47 YEARS, RESIDING AT NO. 359, AHAMADNAGAR, CHANNAPATNA TOWN, NEAR KSRTC BUS DEPOT, RAMANAGARAM DISTRICT - 562 160.

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…PETITIONERS

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(BY SRI. MOHAMMED SALEHA @ MUKARRAM ADVOCATE)

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NC: 2026:KHC:16075 WP No. 23585 of 2023

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HC-KAR

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AND:

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MUTHOOT HOUSING FINANCE LTD., 39/41 MADHU COMPLEX, KA 1359-E, BURUGAL MUTT ROAD, AHAMADNAGAR, RAMANAGARAM - 562 159 REP. BY ITS BRANCH MANAGER, REGISTERED UNDER COMPANIES ACT 1956.

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…RESPONDENT

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(BY SRI. LOKESH K.V, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH OR SET ASIDE THE IMPUGNED NOTICE DTD 21.08.2023 AND 16.09.2023 ISSUED BY THE RESPONDENT BANK VIDE ANNEXURES-A AND B RESPECTIVELY AND ALLOW THE ABOVE WRIT PETITION AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2026:KHC:16075 WP No. 23585 of 2023

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HC-KAR

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayers:

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"a) Issue a writ in the nature of Certiorari or any other writ or order, quashing or setting aside the impugned notices dated 21.08.2023 and 16.09.2023 issued by the Respondent Bank vide ANNEXURESA AND B respectively; and

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b) To issue any other appropriate Writ or Order or Direction as this Hon'ble Court deems fit to grant under the facts and circumstances of the case by allowing the above Writ Petition, in the interest of justice and equity."

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The writ petition is of the year 2023. The writ petition is filed against respondent Muthoot Housing Finance Ltd., which is a private financial company. In the light of the law laid down by the Hon'ble Apex Court in case of S.Shobha

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NC: 2026:KHC:16075 WP No. 23585 of 2023

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HC-KAR

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Vs. Muthoot Finance Ltd.¹ , the writ petition is not

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maintainable against the private finance company.

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