Sri Syed Musahib Ahmed v. Tata Capital Housing Finance Limited

Karnataka HC23 Mar 2026WP/9143/2026

Case brief

AI extract

What is this about?

Maintainability of writ petition under Articles 226/227 against private (non-bank) housing finance company; TATA CAPITAL HOUSING FINANCE LIMITED; coercive steps restraint pending DRT consideration of Miscellaneous Application No. 894/2026; Supreme Court precedent Phoenix ARC Private Limited Vs. Vishwa Bharathi Vidya Mandir and others (Civil Appeal Nos.257-259/2022); writ petition disposed with liberty to seek appropriate remedy; all I.As. closed; WP (GM-DRT) No. 9143 of 2026; Justice Lalitha Kanneganti; High Court of Karnataka, 23 March 2026.

What did the court decide?

No relief sought in the writ prayer was granted; petition disposed of with liberty to the petitioner to avail the appropriate remedy in accordance with law, and all I.As. in the writ petition ordered closed. ¶¶48

Sri Syed Musahib Ahmed Vs Tata Capital Housing… — Company and Corporate | Karnataka HC (2026)

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NC: 2026:KHC:16324 WP No. 9143 of 2026

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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 23^RD DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 9143 OF 2026 (GM-DRT)

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BETWEEN:

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SRI. SYED MUSAHIB AHMED, S/O. SYED MOKTHAR AHMED, AGED ABOUT 37 YEARS,

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SMT. HUMERA BEGAM, W/O. SYED MUSAHIB AHMED, AGED ABOUT 32 YEARS,

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BOTH ARE RESIDING AT: NO.58/3, 2^ND FLOOR, BENSON CROSS ROAD, BENGALURU-560 046.

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Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA

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ALSO AT: FLAT NO.TF-206, 3^RD FLOOR, GANESH GRANDE, MUNICIPAL NO.23/1, CORPORATION WARD NO.63, BENGALURU-560 046.

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…PETITIONERS

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(BY SRI. SAMPATH. A, ADVOCATE)

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AND:

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TATA CAPITAL HOUSING FINANCE LIMITED, REGISTERED UNDER PROVISIONS OF COMPANIES ACT, 2013 CORPORATION ID:

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NC: 2026:KHC:16324 WP No. 9143 of 2026

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HC-KAR

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U67190MH2008PLC187552.

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11^TH FLOOR, TOWER-A, PENINSULA BUSINESS PARK, GANPATH RAO, KADAM MARG, LOWER PARELL, MUMBAI-400 016.

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ALSO AT: NO.82/1, GROUND FLOOR, KRISHNA TOWERS, RICHMOND ROAD, BENGALURU-560 025.

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REPRESENTED BY ITS AUTHORISED OFFICER/MANAGER.

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…RESPONDENT

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK NOT TO TAKE ANY COERCIVE STEPS UNTIL CONSIDERATION OF THE MISCELLANEOUS APPLICATION NO. 894/2026 BY THE LEARNED DEBT RECOVERY TRIBUNAL VIDE ANNX-E AND ETC.

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

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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NC: 2026:KHC:16324 WP No. 9143 of 2026

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HC-KAR

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayer:

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"WHEREFORE, Petitioners humbly pray that this Hon'ble Court may be pleased to:

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(a) Issue Writ in the nature of Mandamus, directing the Respondent Bank not to take any coercive steps until consideration of the Miscellaneous Application No.894/2026 by the learned Debt Recovery Tribunal Vide Annexure-E.

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(b) Pass such other order or further orders as this Hon'ble Court deems fit in the facts and circumstances of the above case, in the interest of justice and equity."

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The writ petition is against the TATA Capital

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Housing Finance Ltd. In the light of the Judgment passed by the Hon’ble Apex Court in Civil Appeal Nos.257-259/2022

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between Phoenix ARC Private Limited Vs. Vishwa Bharathi

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Vidya Mandir and others arising out of WP.Nos.3556435566/2015 dated 27.03.2018, the present writ petition is not maintainable against the respondent/Private Finance Company.

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