Dismissed¶39

Mr. P. Hameed v. Shriram Finance Limited

Karnataka HC13 Jan 2026WP/33714/2024

Case brief

AI extract

What is this about?

SARFAESI Act Section 13(4) possession notice dated 20.11.2024 quash writ petition dismissed as infructuous Section 14 order Criminal Miscellaneous No.1639 of 2025 dated 03.05.2025 Shriram Finance Limited authorized officer Mr. Dileep Court Commissioner possession of scheduled property loan amount Articles 226 227 Constitution of India Karnataka High Court Bengaluru GM-DRT WP No. 33714 of 2024 Justice Ashok S.Kinagi 13.01.2026 liberty reserved to challenge Section 14 order Khan and Sons Traders Irafanulla Khan Umme Salma Infanulla Khan.

What did the court decide?

No substantive relief; writ petition dismissed as having rendered infructuous, with liberty reserved to the petitioners to challenge the Section 14 order in Criminal Miscellaneous No.1639 of 2025, if so desired. ¶39

Mr. P. Hameed Vs Shriram Finance Limited — Banking and Recovery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶39

Issue for consideration

Whether the possession notice dated 20/11/2024 issued under Section 13(4) of the SARFAESI Act (Ref. No. NIL, Annexure-B) ought to be quashed. +1 more

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Ratio / Principle

In view of the order passed in Criminal Miscellaneous No.1639 of 2025 under Section 14 of the SARFAESI Act (allowing respondent No.1-Financer's petition for possession of the scheduled property), nothing survives for consideration in this writ petition.

¶38

Key takeaways

The writ petition is dismissed as having rendered infructuous.ratio¶39
Liberty is reserved to the petitioners to challenge the order passed in Criminal Miscellaneous No.1639 of 2025, if so desired.obiter¶40

Detailed headnote1 paragraphs

Karnataka High Court (Bengaluru), single Judge (Ashok S.Kinagi), 13.01.2026 — Writ Petition No. 33714 of 2024 (GM-DRT) under Articles 226 and 227 of the Constitution by two petitioners seeking quashing of a possession notice dated 20/11/2024 issued under Section 13(4) of the SARFAESI Act (Ref. No. NIL, Annexure-B), directed against respondent No.1 Shriram Finance Limited (through its Authorized Officer Mr. Dileep) and respondents 2-4. During hearing, learned counsel for the respondents filed a memo along with the order passed under Section 14 of the SARFAESI Act in Criminal Miscellaneous No.1639 of 2025 dated 03.05.2025, whereby respondent No.1-Financer's petition was allowed, respondent No.1 was held entitled to take possession of the scheduled property towards satisfaction of the loan amount due, and an advocate was appointed as Court Commissioner to take possession and hand it over to the petitioner therein. Holding that nothing survived for consideration, the Court dismissed the writ petition as having rendered infructuous, reserving liberty to the petitioners to challenge the Criminal Miscellaneous order if so desired. No monetary quantum stated; no precedents cited; no dissent.

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NC: 2026:KHC:2098 WP No. 33714 of 2024

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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 13^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE ASHOK S.KINAGI

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WRIT PETITION NO. 33714 OF 2024 (GM-DRT)

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BETWEEN:

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MR. P. HAMEED SON OF LATE P KAIYUM SAB AGED ABOUT 52 YARS RESIDNG AT NO. 21/127 NANABALA STREET PUNGANNUR CHITTOOR ANDHRA PRADESH 517247

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Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA

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MRS. SHAKIRA W/O HAMEED P AGED ABOUT 45 YEARS RESIDING AT NO. 71, 4TH CROSS SHALINI BAR VENKATASWAMAPPA LAYOUT R T NAGAR BANGALORE 560 032

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&PETITIONERS

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(BY SRI. MOHAN KUMAR H G., ADVOCATE)

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AND:

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SHRIRAM FINANCE LIMITED REGITERED OFFICE SIRI TOWERS , PLOT NO. 14A SOUTH PHASE INDUSTRIAL ESTATE GUINDY CHENNAI PIN CODE 600032 ALSO OFFICE AT NO.2 AND 3

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2 - NC: 2026:KHC:2098 WP No. 33714 of 2024

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HC-KAR

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2ND FLOOR, MANANDI PLAZA ST MARKS ROAD SHANTHALANAGAR ASHOK NAGAR BANGALORE 560 001 REP. BY ITS AUTHORIZED OFFICER MR. DILEEP

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KHAN AND SONS TRADERS REP. BY ITS PROPRIETOR IRAFANULLA KHAN NO. 26, 6^TH MAIN ROAD NEAR NEELAKANTESHWARA TEMPLE CHAMUNDINAGAR MAINR OAD R T NAGAR BANGALORE 560 032

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INFANULLA KHAN S/O RHMATULLA KHAN AGED ABOUT 44 YEARS RESIDING AT NO. 26, 6^TH MAINROAD NEAR NEELAKANTESHWARA TEMPLE CHAMUNDINAGAR MAIN ROAD R T NAGAR BANGALORE 560 032

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SMT. UMME SALMA W/O IRFAN ULLA KHAN AGED ABOUT 42 YEARS RESIDING AT NO. 26, 6^TH MAIN ROAD NEAR NEELAKANTESHWARA TEMPLE CHAMUNDINAGAR MAIN ROAD R T NAGAR BANGALORE 560 032

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&RESPONDENTS

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(BY SRI. CHANDRASHEKAR S N., ADVOCATE FOR R1 V/O DATED 13.01.2026)

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NC: 2026:KHC:2098 WP No. 33714 of 2024

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED THE POSSESSION NOTICE UNDER SECTION 13(4) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY ACT, 2002 (SARFAESI ACT), DATED 20/11/2024 IN REF. NO. NIL AT ANN-B.

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

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CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

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ORAL ORDER

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The petitioners aggrieved by the possession notice dated 20.11.2024 vide Annexure 8B9 issued under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (For short, =the SARFAESI Act=) have filed this writ petition.

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The learned counsel for the respondents has filed a memo along with the order passed under Section 14 of the SARFAESI Act in Criminal Miscellaneous No.1639 of 2025 dated 03.05.2025, wherein the petition filed by respondent No.1-Financer was allowed and held that the petitioner is entitled to

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NC: 2026:KHC:2098 WP No. 33714 of 2024

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HC-KAR

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take the possession of the scheduled property towards the satisfaction of the loan amount due by the respondent and appointed an advocate as a Court Commissioner to take the possession of the petition schedule property from the respondent therein and hand over it to the petitioner therein.

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In view of the Order passed in Criminal Miscellaneous No.1639 of 2025, nothing survives for consideration in this writ petition.

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Accordingly, the writ petition is dismissed as having rendered infructuous .

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Liberty is reserved to the petitioners to challenge the order passed in the aforesaid Criminal Miscellaneous, if so desired.

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RK CT:KHV List No.: 2 Sl No.: 8

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Sd/(ASHOK S.KINAGI) JUDGE

Mr. P. Hameed v. Shriram Finance Limited

Case brief

What is this about?

What did the court decide?

Mr. P. Hameed v. Shriram Finance Limited

Case brief

What is this about?

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What the court decided

Issues for consideration

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