AHMAD ABDULAJABBARSAB HOSPET v. THE AUTHORIZED OFFICER, BAJAJ FINANCE LIMITED, (A REGISTERED FINANCIAL BODY)
Case at a glance
- Bench
- R NATARAJ
Provisions considered
Judgment
THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO.110104 OF 2025 (GM-DRT) BETWEEN: AHMAD ABDULAJABBARSAB HOSPET, S/O ABDULAJABBARSAB, AGED ABOUT 47 YEARS, R/AT. WARD NO.07, HOUSE NO. #542, ILKAL, NEAR GOVT HOSPITAL, ILKAL, KARNATAKA-587125. (BY SRI. BASAVARAJ MATHAPATI, ADVOCATE THROUGH V.C.) - PETITIONER AND: THE AUTHORIZED OFFICER, BAJAJ FINANCE LIMITED, (A REGISTERED FINANCIAL BODY) REGIONAL OFFICE, HAVING ADDRESS AT: MALAGI COMPLEX, GANDHI NAGAR, BILAGI, BAGALKOT, KARNATAKA-587101, REPRESENTED BY ITS AUTHORIZED OFFICER CHANDRASHEKAR LAXMAN KATTIMANI CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench +0530 RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE - CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE POSSESSION NOTICE DATED 09.12.2025 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A & ETC. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ - 2 - NC: 2025:KHC-D:18743 WP No. 110104 of 2025 HC-KAR ORAL ORDER (PER: THE HON'BLE MR. JUSTICE R.NATARAJ) The respondent is a private financial agency which appears to have initiated proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘The SARFAESI Act’, 2002), which is challenged in this writ petition.
When this Court queried the learned counsel for the petitioner as to how the writ petition is maintainable as against private financial agency, he submits that since the respondent has initiated provisions of the SARFAESI Act, 2002, the writ petition is maintainable.
The respondent is neither a ‘State’ nor ‘instrumentality of the State’ or other agency against whom this Court can exercise jurisdiction under Article 226 of the Constitution of India. In that view of the matter, this Writ Petition is - 3 - NC: 2025:KHC-D:18743 WP No. 110104 of 2025 HC-KAR dismissed as not maintainable. It is however open for the petitioner to avail any other remedy available in law. BVV, CT:VP LIST NO.: 1 SL NO.: 4 Sd/- (R.NATARAJ) JUDGE
Precedent status how later indexed judgments have treated this case
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