Authority: High Court of Karnataka at Bengaluru
Order Date: 15 July 2026
Case Overview
- Petitioner: Prema Kumari, aged about 44, residing at Kudolu House, Peraje Village, Budoli Post, Bantwal Taluk, Dakshina Kannada District (represented by Advocate Sri. Kethan Kumar).
- Respondent: ICICI Home Finance Yeswanthapoor Branch, 1st Floor No. 165 and 166, Manjunatha Chambers, Shankar Nagar Main Road, Mahalakshmipura, Yeswanthapoor, Bangalore – 560096, represented by its Bank Manager. The respondent is a housing finance company registered with the National Housing Bank (NHB) and regulated by the Reserve Bank of India.
- Nature of Petition: Writ petition filed under Articles 226 and 227 of the Constitution of India seeking quash of an order dated 06/10/2023 passed in Criminal MIS Case No. 260/2023 on the file of the Principal Senior Civil Judge and C.J.M. Mangaluru D.K.
- Background: The respondent had initiated proceedings against the petitioner under the SARFAESI Act. The petitioner contended that the order dated 06 Oct 2023 was unlawful and sought its cancellation.
- Court’s Observations: The Court noted that the SARFAESI Act provides an alternate effective remedy. The petitioner is at liberty to avail this remedy within 30 days from the date of receipt of a certified copy of the present order. If the petitioner avails the remedy within the stipulated period, the time consumed in this writ petition will be considered for condonation of delay.
Final Outcome
- The writ petition is disposed of without addressing the substantive merits of the petition.
- The petitioner may pursue the SARFAESI remedy within 30 days of receiving the certified copy of this order, and the time spent on the writ petition may be counted towards condonation of any delay in that remedy.
Topics: SARFAESI Act, Housing Finance Litigation