Disposed¶i

Mrs Nancy Nivedha Baby D v. M/S Anand Rathi Global Finance Ltd.

Karnataka HC7 Apr 2026WP/28706/2023

Case brief

AI extract

What is this about?

Karnataka High Court; Lalitha Kanneganti J.; decided 07.04.2026; WP No. 28706 of 2023 (GM-DRT); writ maintainability against private finance company (Anand Rathi Global Finance Ltd.); Section 14 order dated 09/10/2023 in Crl. Misc. No.6602/2023; IX ACMM Bengaluru; recovery proceedings against schedule property; S.Shobha Vs. Muthoot Finance Ltd., 2025 INSC 117, relied upon; Articles 226 and 227 Constitution; writ petition disposed with liberty to pursue appropriate remedy; no representation by parties; all I.As. closed.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to avail the appropriate remedy; all I.As. in the petition stand closed. ¶i

Mrs Nancy Nivedha Baby D Vs M/S Anand Rathi Global… — Company and Corporate | Karnataka HC (2026)

¶1

¶2

NC: 2026:KHC:19045 WP No. 28706 of 2023

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶5

DATED THIS THE 7^TH DAY OF APRIL, 2026

¶6

BEFORE

¶7

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 28706 OF 2023 (GM-DRT)

¶8

BETWEEN:

¶9

MRS NANCY NIVEDHA BABY D., AGED ABOUT 26 YEARS S/O LATE STEPHEN K.S., R/A NO.02, KAMASAMUDRA KOLAR KARNATAKA-563 129

¶10

…PETITIONER

¶11

(BY SMT. KAVITHA D., ADVOCATE- ABSENT)

¶12

AND:

¶13

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

¶14

M/S ANAND RATHI GLOBAL FINANCE LTD., REGISTERED OFFICE AT EXPRESS ZONE “A” WING, 10^TH FLOOR WESTERN EXPRESS HIGHWAY GOREGAON (EAST) MUMBAI-400 063 REPRESENTED BY ITS AUTHORIZED OFFICER MR.GOWTHAM KRISHNA M., BRANCH MANAGER (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956)

¶15

…RESPONDENT

¶16

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SECTION 14 ORDER DATED 09/10/2023 IN CRL. MISC NO.6602/2023 PASSED BY THE LEARNED IX ACMM, BENGALURU, VIDE ANNEXURE-D, IN CRL. MISC. 6602/2023 BY DECLARING THAT

¶17

¶18

NC: 2026:KHC:19045 WP No. 28706 of 2023

¶19

HC-KAR

¶20

THE ENTIRE RECOVERY PROCEEDINGS INITIATED BY THE RESPONDENT AGAINST THE SCHEDULE PROPERTY ARE ILLEGAL.

¶21

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

¶22

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶23

ORAL ORDER

¶24

The writ petition is of the year 2023. Notice was issued on 19.12.2023 and interim order was granted. Thereafter, the matter was listed before this Court on 02.04.2026. As there was no representation on behalf of the parties, the matter was directed to be listed under the caption 'dismissal' on 06.04.2026. On 06.04.2026, the matter was directed to be listed under the same caption today. Today also, there is no representation on behalf of the petitioner.

¶25

This writ petition is filed against M/s. Anand Rathi Global Finance Ltd. In the light of the law laid down by the Hon'ble Apex Court in case of S.Shobha Vs. Muthoot Finance Ltd.¹ , the writ petition is not maintainable against the private finance company. Hence, this Court is passing the following:

¶26

1 2025 INSC 117

¶27

¶28

NC: 2026:KHC:19045 WP No. 28706 of 2023

¶29

HC-KAR

¶30

ORDER

¶31