Mr. Shivamada S M Vs M/S Manapuram Home Finance Ltd. — Company and Corporate | Karnataka HC (2026)

Mr. Shivamada S M Vs M/S Manapuram Home Finance Ltd. — Company and Corporate | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petitioners given liberty to avail appropriate remedy before the DRT; any amount deposited before the Court under the interim order to be returned to the petitioners; pending IAs, if any, stood closed.

Issue for consideration

Whether a writ petition under Articles 226 and 227 of the Constitution of India against Manapuram Home Finance Ltd., a private financial company, in respect of proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is maintainable.

Court's answer

In light of the law laid down by the Hon'ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others (Civil Appeal Nos.257-259 of 2022), a writ petition against the private financial institution is not maintainable.

Ratio / Principle

The writ petition is dismissed as not maintainable.

Key takeaways

The petitioners are at liberty to avail appropriate remedy before the DRT; if any amount has been deposited before the Court by virtue of the interim order, the same shall be returned to the petitioners; pending IAs, if any, shall stand closed.ratio¶40

Detailed headnote1 paragraphs

Constitutional writ jurisdiction / SARFAESI — Maintainability. Writ petition (WP No. 36135 of 2025, GM-DRT) under Articles 226 and 227 of the Constitution of India, filed by three borrowers against Manapuram Home Finance Ltd., a private housing finance company, seeking to set aside/quash the SARFESI order dated 30-09-2025 and the entire proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in Crl.Misc No.205/2025 before the III Additional Senior Civil Judge and CJM at Mysuru (Annexures A and B), was dismissed as not maintainable. Relying on the Supreme Court's decision in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others (Civil Appeal Nos.257-259 of 2022), the High Court held that a writ petition against a private financial institution is not maintainable. The petitioners were left at liberty to pursue appropriate remedy before the DRT, any amount deposited under the interim order was directed to be returned, and pending IAs were closed.

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NC: 2026:KHC:15171 WP No. 36135 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 36135 OF 2025 (GM-DRT)

BETWEEN:

MR. SHIVAMADA S M S/O MALLESHAIAH AGED ABOUT 38 YEARS R/A NO. 119/6, SOMANAHALLI, CHUCHUNKATTE HOBLI, KR NAGARA TALUK, ANKANAHALLI, MYSORE KARNATAKA-571617

Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

SMT. MAHADEVAMMA W/O MALLESHAIAH AGED ABOUT 51 YEARS R/A NO. 119/6, SOMANAHALLI, CHUCHUNKATTE HOBLI, KR NAGARA TALUK, ANKANAHALLI, MYSORE KARNATAKA-571617

MR. MALLESHAIAH S/O LATE KARIYAIAH, AGED ABOUT 61 YEARS R/A NO. 119/6, SOMANAHALLI, CHUCHUNKATTE HOBLI, KR NAGARA TALUK, ANKANAHALLI,

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NC: 2026:KHC:15171 WP No. 36135 of 2025

HC-KAR

MYSORE

KARNATAKA-571617

…PETITIONERS

(BY SRI. HRITHIK GOWDA K.V., ADVOCATE) AND:

M/S MANAPURAM HOME FINANCE LTD HAVING ITS BRANCH OFFICE AT SARASWATHIPURAM, MYSURU REPRESENTED BY ITS MR.MANCHAIAH.M., S/O MR.MANCHAIAH, AGED ABOUT 40 YEARS IS A HOUSING FINANCE COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013

…RESPONDENT

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE AN ORDER, DIRECTION TO SET ASIDE QUASH THE SARFESI ORDER DATED 30-09-2025 AND THE ENTIRE PROCEEDINGS PASSED UNDER UNDER SECTION 14 OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 IN CRL.MISC NO.205/2025 BEFORE THE HONBLE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT MYSURU VIDE ANNEXURES A AND B RESPECTIVELY IN THE BEST INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

3 - NC: 2026:KHC:15171 WP No. 36135 of 2025

HC-KAR

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed seeking the following prayers:

“A) Issue an order, direction to set aside/quash the SARFESI order dated 3009-2025 and the entire proceedings passed under section 14 of the SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 in Crl.Misc No.205/2025 before the Hon'ble III Additional Senior Civil Judge and CJM at Mysuru vide Annexures A and B respectively in the best interest of Justice and Equity.

B) Issue any Writ, order or directions as this Hon'ble Court deems fit according to the facts and circumstances of the case.”

The writ petition is of the year 2025. The writ petition is filed against respondent Manapuram Home Finance Limited, which is a private financial company.

In the light of the law laid down by the Hon’ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257-259 of

4 - NC: 2026:KHC:15171 WP No. 36135 of 2025

HC-KAR

2022 , a writ petition against the private financial institution is not maintainable.

In that view of the matter, this Court is passing the

following:

ORDER

i. Accordingly, the writ petition is dismissed as not maintainable

ii. The petitioners are at liberty to avail appropriate remedy before the DRT .

iii. If any amount has been deposited before this Court by virtue of the interim order, the same shall be returned to the petitioners.

iii. Pending IAs., if any, shall stand closed.

Sd/(LALITHA KANNEGANTI) JUDGE

SMC

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