Sri. Fayaz. S vs Cholamandalam Investment And Finance ...
2026 Latest Caselaw 3493 Kant

Karnataka High Court

Sri. Fayaz. S vs Cholamandalam Investment And Finance ... on 5 May, 2026

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

                                         -1-
                                                  NC: 2026:KHC:24622
                                                WP No. 14663 of 2026


            HC-KAR



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 5TH DAY OF MAY, 2026

                                    BEFORE
                 THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

                   WRIT PETITION NO. 14663 OF 2026 (GM-DRT)

            BETWEEN:

            1.    SRI. FAYAZ. S
                  S/O SHAIK USMAN
                  AGED ABOUT 42 YEARS,


            2.    SMT. HAZIRA. N
                  W/O FAYAZ,
                  AGED ABOUT 39 YEARS


            3.    SRI.MEHABOOB PASHA,
                  S/O SHAIK USMAN
                  AGED ABOUT 44 YEARS,

Digitally
signed by
NANDINI M   4.    SMT. RAZIYA,
S                 W/O MEHABOOB PASHA,
Location:         AGED ABOUT 43 YEARS,
HIGH
COURT OF
KARNATAKA
                  R/AT NO.2, MEDIMALLASANDRA,
                  HOSAKOTE TALUK,
                  ANUGONDANAHALLI HOBLI,
                  HOSKOTE-562114
                  BANGALORE RURAL DISTRICT
                                                       ...PETITIONERS
            (BY SRI. MUSRATH TABASSUM.,ADVOCATE)
                           -2-
                                     NC: 2026:KHC:24622
                                   WP No. 14663 of 2026


HC-KAR



AND:

   CHOLAMANDALAM INVESTMENT AND
   FINANCE COMPANY LIMITED
   "CHOLA CREST",
   C54-55 & SUPER B-4,
   THIRU-VI-KA INDUSTRIAL ESTATE,
   GUINDY, CHENNAI-600032.

   AND ALSO OFFICE AT NO-45,
   PRESTIGE LIBRA, 2ND FLOOR,
   ABOVE PASSPORT OFFICE,
   LALBAGH ROAD,
   BANGALORE- 560027.
                                         ...RESPONDENT



       THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A)

ISSUE WRIT OF CERTIORARI/ OR WRIT OF LIKE NATURE FOR

QUASHING THE ENTIRE PROCEEDINGS INITIATED BY THE

RESPONDENT- CHOLAMANDALAM INVESTMENT AND FINANCE

COMPANY LIMITED VIDE ANNEXURE-D DATED 28/4/2026 IN

SO FAR AS PETITIONER CONCERN AND ETC.


       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
                                   -3-
                                                NC: 2026:KHC:24622
                                            WP No. 14663 of 2026


 HC-KAR



                            ORAL ORDER

2. Learned counsel for the petitioners submits that the

petition may be dismissed as withdrawn with liberty to the

petitioners to approach the Debts Recovery Tribunal by filing an

appropriate application as provided under Section 17 of the

Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002. He has also filed a

memo to that effect.

2. The said submission and memo are placed on

record.

3. The writ petition is dismissed as withdrawn with

liberty as prayed for.

All contentions of the parties are kept open.

Sd/-

(S VISHWAJITH SHETTY) JUDGE

UN List No.: 1 Sl No.: 24