Shri Dinesh H S v. Sammaan Capital Limited
Case brief
What is this about?
WP No. 31437 of 2025 (GM-DRT); NC: 2026:KHC:3141; High Court of Karnataka; Justice Ashok S. Kinagi; Articles 226 and 227 Constitution; Section 17 SARFAESI Act 2002; Debt Recovery Tribunal remedy; quashing of possession notice dated 03.09.25 (Annex-A); writ petition dismissed as withdrawn with liberty; respondents restrained from coercive steps for 30 days; Sammaan Capital Limited (erstwhile Indiabulls Housing Finance Limited); Assets Care and Reconstructions Enterprise Limited; interim protection pending DRT challenge; interlocutory applications disposed; parties: Dinesh H S, Sidda Shetty v. Sammaan Capital Ltd. and ACRE Ltd.; advocates: Abishek N.N. for petitioners, Francis Xavier for respondents.
What did the court decide?
Dismissed as withdrawn with liberty to the petitioners to challenge the impugned possession notice before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act, 2002; respondents directed not to take coercive steps against the petitioners for 30 days.