MR. S. M. GOPAL v. SHRIRAM FINANCE LIMITED
Case at a glance
Outcome
Dismissed
2025, the writ petition is dismissed maintainable
Provisions considered
Judgment
THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 11290 OF 2024 (GM-DRT) BETWEEN:
MR. S. M. GOPAL S/O MR. MUNIYAPPA AGED ABOUT 64 YEARS M/S KARGO AGRITECH RESIDING AT D No.156/3E HULIMAVU MAIN ROAD BANNERGHATTA ROAD BENGALURU KARNATAKA-560076
MRS. N PARVATHAMMA W/O MR. S M GOPAL AGED ABOUT 40 YEARS HULIMAVU MAIN BANNERGHATTA ROAD BENGALURU KARNATAKA 560076 (BARROWER) (GUARANTOR AND MORTGAGOR) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
MR. M HARISH REDDY S/O MR M R MUNI REDDY AGED ABOUT 46 YEARS M/S SRI SRINIVAS TRADERS MUTHAKA PALLI (V AND P) SRINIVAS PURA TALUK KOLAR DISTRICT - 2 - NC: 2026:KHC:6054 WP No. 11290 of 2024 HC-KAR BENGALURU KARNATAKA (GUARANTOR FOR LOAN UNDER AGREEMENT TRPTITF09050020 AND TRPTIF10290001)
MR S SANTOSH S/O MR SRIRAM REDDY D.NO.116, 1ST MAIN ROAD 2ND PHASE, K S R T C LAYOUT J P NAGAR, MARENAHALLI BENGALURU-560078 (GUARANTOR FOR LOAN UNDER AGREEMENT TRPTITF 1205300010 ONLY)
MR S SAMPATH KUMAR S/O MR S SAMAPANNA AGED ABOUT 49 YEARS HARGADOA VILLAGE AND POST ANEKAL TALUK BENGALURU (TRPTITF1212240020, ONLY) (BY SRI. NARAYANA SWAMY M., ADV.) AND: …PETITIONERS SHRIRAM FINANCE LIMITED REG. UNDER COMPANIES ACT (FORMERLY KNOWN AS SHRIRAM TRASNPORT FINANCE COMPANY LIMITED) AT No.12, RAMASWAMY STREET REP. BY AUTHORISED OFFICER & VICE PRESIDENT MR. V.C.SESHADRINBATHAN - 3 - NC: 2026:KHC:6054 WP No. 11290 of 2024 HC-KAR LEGAL DEPARTMENT AT No.12, RAMASWAMY STREET T.NAGAR, CHENNAI 600017 REGD. OFFICE: SRI TOWERS PLOT No.14A, SOUTH PHASE INDUSTRIAL ESTATE GUINDY, CHENNAI TAMILNADU-600032 …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE ENTIRE RECORDS IN PERTAINING TO POSSESSION NOTICE ISSUED UNDER SEC 13(4) OF THE SARFAESI ACT BY THE RESPONDENTS DTD 07.02.2024, DIRECT IN TH FORM OF WRIT QUASH THE POSSESSION NOTICE ISSUED UNDER SEC 8(1) OF THE SARFAESI ACT BY THE RESPONDENTS DTD
07.02.2024, AND POSSESSION OF THE SECURED ASSETS UNDER SEC 13(4) OF THE SARFAESI ACT DTD 07.02.2024 UNDER ANNEXURE-A, AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2026:KHC:6054 WP No. 11290 of 2024 HC-KAR CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition challenging the notice dated 07.02.2024 issued under Section 8(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the SARFAESI Act’) vide Annexure-A. The said order is appealable. The petitioner has an equal efficacious remedy. The petitioner without exhausting efficacious remedy, has filed this writ petition.
2. In view of proposition of law laid down by the Hon’ble Apex Court in the case of RIKHAB CHAND JAIN VS. UNION OF INDIA IN C.A.NO.6719 OF 2012 disposed off on
Operative part
12.11.2025, the writ petition is dismissed maintainable.
3. Accordingly, the writ petition is dismissed. - 5 - NC: 2026:KHC:6054 WP No. 11290 of 2024 HC-KAR
4. A liberty is reserved to the petitioner to challenge the sale notice, if so advised.
5. Pending applications, if any, stand disposed off accordingly. Sd/- (ASHOK S.KINAGI) JUDGE SSB
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: 2025, the writ petition is dismissed maintainable
Which statutory provisions did this judgment involve?
Companies Act, 2013; Constitution of India — arts. 226, 227; Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.