Karnataka High Court
Mr. Shivamada S M vs M/S Manapuram Home Finance Ltd on 13 March, 2026
-1-
NC: 2026:KHC:15171
WP No. 36135 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION NO. 36135 OF 2025 (GM-DRT)
BETWEEN:
1. MR. SHIVAMADA S M
S/O MALLESHAIAH
AGED ABOUT 38 YEARS
R/A NO. 119/6, SOMANAHALLI,
CHUCHUNKATTE HOBLI,
KR NAGARA TALUK,
ANKANAHALLI, MYSORE
KARNATAKA-571617
2. SMT. MAHADEVAMMA
W/O MALLESHAIAH
AGED ABOUT 51 YEARS
Digitally
signed by R/A NO. 119/6, SOMANAHALLI,
SUVARNA T CHUCHUNKATTE HOBLI,
Location: KR NAGARA TALUK,
HIGH ANKANAHALLI, MYSORE
COURT OF KARNATAKA-571617
KARNATAKA
3. MR. MALLESHAIAH
S/O LATE KARIYAIAH,
AGED ABOUT 61 YEARS
R/A NO. 119/6, SOMANAHALLI,
CHUCHUNKATTE HOBLI,
KR NAGARA TALUK, ANKANAHALLI,
-2-
NC: 2026:KHC:15171
WP No. 36135 of 2025
HC-KAR
MYSORE
KARNATAKA-571617
...PETITIONERS
(BY SRI. HRITHIK GOWDA K.V., ADVOCATE)
AND:
1. M/S MANAPURAM HOME FINANCE LTD
HAVING ITS BRANCH OFFICE AT
SARASWATHIPURAM,
MYSURU
REPRESENTED BY ITS MR.MANCHAIAH.M.,
S/O MR.MANCHAIAH,
AGED ABOUT 40 YEARS
IS A HOUSING FINANCE COMPANY REGISTERED
UNDER THE COMPANIES ACT, 2013
...RESPONDENT
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO A) ISSUE AN ORDER,
DIRECTION TO SET ASIDE QUASH THE SARFESI ORDER DATED
30-09-2025 AND THE ENTIRE PROCEEDINGS PASSED UNDER
UNDER SECTION 14 OF THE SECURITISATION AND
RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT
OF SECURITY INTEREST ACT, 2002 IN CRL.MISC NO.205/2025
BEFORE THE HONBLE III ADDITIONAL SENIOR CIVIL JUDGE
AND CJM AT MYSURU VIDE ANNEXURES A AND B
RESPECTIVELY IN THE BEST INTEREST OF JUSTICE AND
EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC:15171
WP No. 36135 of 2025
HC-KAR
CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
ORAL ORDER
The present writ petition is filed seeking the following prayers:
"A) Issue an order, direction to set aside/quash the SARFESI order dated 30-
09-2025 and the entire proceedings passed under section 14 of the SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002 in Crl.Misc No.205/2025 before the Hon'ble III Additional Senior Civil Judge and CJM at Mysuru vide Annexures A and B respectively in the best interest of Justice and Equity.
B) Issue any Writ, order or directions as this Hon'ble Court deems fit according to the facts and circumstances of the case."
2. The writ petition is of the year 2025. The writ petition is filed against respondent Manapuram Home Finance Limited, which is a private financial company.
3. In the light of the law laid down by the Hon'ble Supreme Court in Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Others, in Civil Appeal Nos.257-259 of -4- NC: 2026:KHC:15171 WP No. 36135 of 2025 HC-KAR 2022, a writ petition against the private financial institution is not maintainable.
4. In that view of the matter, this Court is passing the following:
ORDER i. Accordingly, the writ petition is dismissed as not maintainable ii. The petitioners are at liberty to avail appropriate remedy before the DRT.
iii. If any amount has been deposited before this Court by virtue of the interim order, the same shall be returned to the petitioners.
iii. Pending IAs., if any, shall stand closed.
Sd/-
(LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 16