Disposed

Mr. Kesha Murthy H T v. Indianbulls Housing Finance Ltd.

Karnataka HC15 Jul 2026WP/25947/2023

Case brief

AI extract

What is this about?

Petitioners sought to quash a magistrate's order in SARFAESI proceedings and restrain dispossession from the schedule property. The court noted the SARFAESI Act provides effective alternate remedies, disposed of the petition reserving liberty, and directed that time spent be considered for delay condonation if steps follow within 30 days.

What did the court decide?

Liberty reserved to avail alternate SARFAESI remedy; time in petition to count toward delay condonation within 30 days.

Mr. Kesha Murthy H T Vs Indianbulls Housing Finance… — Banking and Recovery | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:36300 WP No. 25947 of 2023

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CNR: KAHC010593752023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25947 OF 2023 (GM-RES)

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BETWEEN:

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MR. KESHA MURTHY H.T AGED ABOUT 47 YEARS NO. 4, VENUGOPAL REDDY BUILDING KAMMASANDRA ROAD HEBBAGODI, BENGALURU SOUTH BOMMASANDRA INDUSTRIAL ESTATE BENGALURU-99

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SEETHALAXMI H.K

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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AGED ABOUT 41 YEARS NO. 4, VENUGOPAL REDDY BUILDING KAMMASANDRA ROAD HEBBAGODI, BENGALURU SOUTH BOMMASANDRA INDUSTRIAL ESTATE BENGALURU-99

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…PETITIONERS

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(BY SRI. RAMESHA K.R, ADVOCATE-VC)

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AND:

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INDIANBULLS HOUSING FINANCE LTD 5^TH FLOOR PLOT NO.27, KG MARG CONNAUGHT PLACE NEW DELHI-110 001

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BRANCH OFFICE AT NO. 116, FIRST FLOOR

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NC: 2026:KHC:36300 WP No. 25947 of 2023

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HC-KAR

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CNR: KAHC010593752023

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KRISHNA ARCADE BETWEEN 11^TH AND 12^TH CROSS MARGOSA MAIN ROAD MALLESWARAM BENGALURU-560 003 REPRESENTED BY AUTHORIZED OFFICER MRS. USHA M MANAGER LEGAL

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…RESPONDENT

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(BY SRI. FRANCIS XAVIER, ADVOCATE)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER IN CRL. MISC. NO. 1602/2022 DATED 02/03/2023 PASSED BY THE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL DISTRICT, BENGALURU, PRODUCED AT ANNEXURE-A AND DIRECTING THE RESPONDENT TO CONSIDER THE REQUEST MADE BY THE PETITIONERS AND TENANTS FOR NOT TO DISPOSSESS FROM SCHEDULE PROPERTY AS PER ANNEXURE-A.

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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 MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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This petition is filed in the light of the proceedings initiated by the respondent under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

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HC-KAR

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NC: 2026:KHC:36300 WP No. 25947 of 2023

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CNR: KAHC010593752023

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Since effective and alternate remedy is provided under

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the SARFAESI Act, reserving liberty to avail such remedy, if so advised, petition is disposed of .

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3. Time consumed in prosecuting this petition shall be considered for the purpose of condonation of delay if steps are taken within 30 days from the date of receipt of certified copy of this order.

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(M.G.S. KAMAL) JUDGE

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SBN List No.: 1 Sl No.: 48

Mr. Kesha Murthy H T v. Indianbulls Housing Finance Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Kesha Murthy H T v. Indianbulls Housing Finance Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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