Karnataka High Court
Mr. Sanjay Kumar vs Pnb Housing Finance Limited on 17 December, 2025
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NC: 2025:KHC:54764
WP No. 37305 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 37305 OF 2025 (GM-DRT)
BETWEEN:
1. MR. SANJAY KUMAR
S/O KRISHNA DEO MAHTO
AGED ABOUT 51 YEARS
RESIDING AT
C-2 PRINCETON MEADOWS,
GANDHINAGAR MAIN ROAD,
MUNNEKOLALLA, MARATHAHALLI,
BANGALORE- 560 037
PHONE NO.98860 20256
EMAIL [email protected]
2. MRS. USHA KUMARI,
W/O SANJAY KUMAR
AGED ABOUT 46 YEARS
Digitally signed
by MEGHA RESIDING AT
MOHAN
Location: HIGH
C-2 PRINCETON MEADOWS,
COURT OF
KARNATAKA
GANDHINAGAR MAIN ROAD,
MUNNEKOLALLA, MARATHAHALLI,
BANGALORE- 560037
PHONE NO.98860 20256
EMAIL [email protected]
...PETITIONERS
(BY SRI. ANUPAM AGARWAL, ADVOCATE)
AND:
1. PNB HOUSING FINANCE LIMITED
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NC: 2025:KHC:54764
WP No. 37305 of 2025
HC-KAR
REPRESENTED BY ITS BRANCH MANAGER,
HAVING ADDRESS AT
NO. 40, JODH TOWER, 1ST FLOOR,
27TH CROSS, 5TH MAIN ROAD,
JAYANAGAR 4TH BLOCK,
BENGALURU - 560 011
2. HDFC BANK LTD.,
REPRESENTED BY
ITS BRANCH MANAGER,
HAVING ADDRESS AT
NO.446, 17TH CROSS,
4TH SECTOR, HSR LAYOUT,
BENGALURU, KARNATAKA- 560102
3. DR. T.V.S.R.K.V. PRASAD
AGED ABOUT 52 YEARS,
SON OF T. VENKATRAMAIAH,
RESIDING AT
PADMAVATHI NAGARS PILER,
CHITTOOR DISTRICT-517214 (A.P)
4. M/S N.D. DEVELOPERS (P) LTD.,
A COMPANY REGISTERED
UNDER THE COMPANIES ACT, 1956
REPRESENTED BY ITS
MANAGING DIRECTOR,
MR. ARJUN KUMAR
ADDRESS NO. 398, 1ST FLOOR,
7THCROSS, MICO LAYOUT,
BTM 2ND STAGE,
BANGALORE- 560 076
5. M/S SUVASTU ESTATES (P) LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956
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WP No. 37305 of 2025
HC-KAR
REPRESENTED BY ITS
MANAGING DIRECTOR,
MR. ARJUN KUMAR
ADDRESS NO. 49, AMR PLAZA,
18TH MAIN, HSR LAYOUT
3RD SECTOR,
BANGALORE- 560 102
...RESPONDENTS
(BY SRI. SURESH V., ADVOCATE FOR R1)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO
RESTRAINING THE R1 PURPORTING TO TREAT THE
PETITIONERS' PROPERTY BEARING FLAT NO. 309, OAK
LEAF, SURVEY NOS. 91/4, 91/5 AND 92, CHEMBENAHALLI
VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK, BENGALURU-
562125, SCHEDULE C PROPERTY BEING CONSTRUCTED
ON THE SCHEDULE - A PROPERTY AS AT ANNEXURE AS
MORTGAGED, ENCUMBERED, CHARGED, OR LIABLE FOR
SEIZURE UNDER ANY ALLEGED LOAN OR FINANCIAL
ARRANGEMENT IN WHICH THE PETITIONERS WERE NOT
PARTIES.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
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NC: 2025:KHC:54764
WP No. 37305 of 2025
HC-KAR
ORAL ORDER
The present writ petition is filed seeking the following prayer:
a) Issue a writ of Mandamus by restraining Respondent No.1 purporting to treat the Petitioners' property bearing Flat No. 309, "Oak Leaf", Survey Nos. 91/4, 91/5 and 92, Chembenahalli Village, SarjapurHobli, Anekal Taluk, Bengaluru-562125, Schedule "C" property being A Property as at Annexure -C as Constructed on the Schedule mortgaged, encumbered, charged, or liable for seizure under any alleged loan or financial arrangement in which the Petitioners were not parties;
b)Issue a writ of Mandamus restraining Respondent No. 1 from taking any coercive, recovery-related, or possession-related steps in respect of the Schedule Property, including under the SARFAESI Act, without issuing statutory notice and without any lawful basis;
c) Declare that the Petitioners are absolute, lawful and bona fide purchasers for value without notice, and that no valid mortgage, charge, lien or encumbrance of Respondent No. 1 exists over the Schedule Property;
d) Direct Respondents 3 to 5 to disclose all documents and encumbrances relating to the "Oak Leaf" project and to cooperate in resolving any concealed or fraudulent mortgage, if found;
e) Direct Respondent No.1 to maintain status quo and not disturb the Petitioners' peaceful possession, and further restrain Respondent No. 1 from taking symbolic or physical possession except in accordance with law;-5-
NC: 2025:KHC:54764 WP No. 37305 of 2025 HC-KAR
f) Pass any other orders this Hon'ble Court deems fit.
2. Learned counsel appearing for the petitioner's submits that they had purchased the property though registered sale deed dated 26.07.2022 by availing home loan from Respondent No.2/HDFC Bank Ltd and they have been paying EMI regularly. They have not borrowed the loan from PNB Housing Finance Limited, but the Respondent No.1/PNB Housing Finance Limited has initiated the proceedings against the petitioner under Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'SARFAESI Act'). It is submitted that respondent No.1/Bank has no right over the scheduled property. The petitioner is the absolute owner of the property and they have no transactions with the R-1/Bank. It is submitted that this action of the respondent No.1/Bank is illegal and the same was to be interfered by this court.
3. Learned counsel for the R-1/Bank submits that they have sanctioned the loan and as the said property is mortgaged by the borrower, as there was a default, the Bank has taken action under SARFAESI Act. It is submitted that the remedy of -6- NC: 2025:KHC:54764 WP No. 37305 of 2025 HC-KAR the petitioner is not before this court and he has to go before the appropriate court.
4. Having heard the learned counsels on either side, perused the entire material on record. There is no dispute about the fact that the property is purchased by the petitioner by availing loan from Respondent No.2/HDFC Bank Ltd and they have been paying EMI regularly and they are in peaceful possession of the property. As there was default in paying loans, the Respondent No.1/ PNB Housing Finance Limited has initiated the proceedings under SARFAESI Act. In the light of the disputes between the parties, petitioner either has to seek the declaration of the title and injunction or he has to go before the DRT and this court exercising the jurisdiction under article 226 of Constitution of India cannot go into all these questions.
5. Accordingly, this court is passing the following:
ORDER i. The petitioner is at liberty to avail the appropriate remedy within a period of four weeks from date of receipt of the copy of the order. Till such time, the -7- NC: 2025:KHC:54764 WP No. 37305 of 2025 HC-KAR Respondent No.1/Bank shall not take any coercive steps.
ii. The writ petition is disposed off.
iii. All pending I.As., in the writ petition shall stand closed.
SD/-
(LALITHA KANNEGANTI) JUDGE TS List No.: 1 Sl No.: 0