Disposed¶25

Smt Kala v. Bajaj Finance Ltd.

Karnataka HC18 Feb 2026WP/998/2023

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), M.G.S. Kamal, J., 18.02.2026 — WP 998/2023 (GM-RES): writ petition under Articles 226/227 against Magistrate's Annexure-A order dated 12.08.2022 in CRL.MISC.50420/2021 arising from respondent's Section 14 SARFAESI proceedings; disposed of in favour of statutory remedy under Section 17 SARFAESI with liberty to petitioner; time spent in writ petition excluded for limitation. Keywords: SARFAESI Act Section 14; Section 17; alternative remedy; writ petition disposed; limitation exclusion; secured creditor; debtor.

What did the court decide?

Petition disposed of with liberty reserved to the petitioner to pursue the alternative remedy under Section 17 of the SARFAESI Act; time consumed in this petition ordered to be excluded for the purpose of limitation. ¶25

Smt Kala Vs Bajaj Finance Ltd. — Banking and Recovery | Karnataka HC (2026)

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NC: 2026:KHC:10057 WP No. 998 of 2023

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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 18^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.G.S. KAMAL

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WRIT PETITION NO. 998 OF 2023 (GM-RES)

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BETWEEN:

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SMT. KALA W/O LATE SHIVA KUMAR S., AGED ABOUT 48 YEARS, NO.13, 2^ND B CROSS, NEAR DON BOSCO CHURCH, KANAKADASA LAYOUT, LINGARAJAPURAM, ST.THOMAS TOWN, BANGALORE-560 084. …PETITIONER (BY SRI.H.S. SANTHOSH, ADVOCATE)

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AND:

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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BAJAJ FINANCE LTD., (A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956) REGD. HEAD OFFICE AT MUMBAI PUNE ROAD, AKHURDI, PUNE-411 035, MAHARASHTRA, INDIA CORPORATE OFFICE AT 3^RD FLOOR, BAJAJ FINSERVE PANCHASHIL TECH PARK VIMAN NAGAR, PUNE, MAHARASHTRA, INDIA-411 014. BRANCH OFFICE AT 801 AND 805, 8^TH FLOOR, PRESTIGE TOWERS, RESIDENCY ROAD, BANGALORE-560 025 REPRESENTED BY BALAKRISHNA C. …RESPONDENT

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(BY SRI. DILIP M R., ADVOCATE)

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NC: 2026:KHC:10057 WP No. 998 of 2023

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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 THE ORDER DATED 12.08.2022 PASSED BY THE HONBLE XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU IN CRL.MISC.50420/2021 PRODUCED AS ANNEXURE-A AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioner is before this Court being aggrieved by the proceedings initiated by the respondent under Section 14 of the Securitization and Construction of Financial Assets and Enforcement Security Interest Act, 2002 (for short `SARFAESI Act').

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