Sri. Fayaz Pasha v. M/S. Cholamandalam Investment and Finance Company Ltd.

Karnataka HC14 Jan 2026WP/4423/2024

Case brief

AI extract

What is this about?

Fayaz Pasha v. M/s. Cholamandalam Investment and Finance Company Ltd. (through its Authorised Officer Sri. K. Gopinath); WP No. 4423 of 2024 (GM-DRT); High Court of Karnataka at Bengaluru; Hon'ble Mr. Justice Ashok S.Kinagi; decided 14-01-2026. Petition under Articles 226/227 challenging a Section 14 SARFAESI Act, 2002 order dated 25/03/2023 of the Principle Civil Judge (Sr. Dn.)/Chief Judicial Magistrate, Mysore (Annexure-B) and seeking protection of possession of schedule property; dismissed as withdrawn on counsel's memo before any adjudication; no cases cited, no holdings, no quantum. Citable only for its procedural disposal, not for any proposition of SARFAESI law.

What the court decided

Sri. Fayaz Pasha Vs M/S. Cholamandalam Investment and… — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:2780 WP No. 4423 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 14^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. 4423 OF 2024 (GM-DRT)

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BETWEEN:

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Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA

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SRI. FAYAZ PASHA S/O. PYARE JANSAB. S, AGED ABOUT 40 YEARS, RESIDING AT NO. 164, SATHI GRAMA, KAGGERE, NEAR WATER TANK, KRISHNARAJA NAGARA, MYSURU DISTRICT. …PETITIONER (BY SRI. H.R SUNIL KUMAR., ADVOCATE) AND:

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M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD., REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. K. GOPINATH,

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2 - NC: 2026:KHC:2780 WP No. 4423 of 2024

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HC-KAR

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S/O. K. SUBRAMANYAM GUPTA, AGED ABOUT 49 YEARS, REGISTERED OFFICE AT PRESTIGE LIBRA, 2^ND FLOOR, MUNICIPAL NO. 45, (OLD NO. 45 AND 45/1), LALBAGH ROAD, ABOVE PASSPORT OFFICE, BANGALORE-560027.

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…RESPONDENT

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE ORDER DATED 25/03/2023 PASSED BY PRINCIPLE CIVIL JUDGE (SR. DN.) CHIEF JUDICIAL MAGISTRATE MYSORE UNDER SECTION 14 OF THE ACT SARFAESI CRL. MISC NO. ACT 2002 AT ANNEXURE-B. ii) DIRECT THE RESPONDENT NOT TO INTERFERE WITH THE POSSESSION OF THE SCHEDULE PROPERTY WITHOUT FOLLOWING DUE PROCESS OF LAW. iii) GRANT COSTS OF THESE PROCEEDINGS.

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

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NC: 2026:KHC:2780 WP No. 4423 of 2024

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HC-KAR

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

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ORAL ORDER