Court permitted withdrawal of petition to seek statutory remedies at the Debts Recovery Tribunal.

JUDGMENT

(Dated this the 12th day of February, 2026)

The petitioner has filed this writ petition with the following reliefs:

(a) Decalre that Housing Finance Companies not registered under Section 29A under the National Housing Bank Act, 1987 not come under definition of “Financial Institution or any other institution as contemplated under section 2(m) of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

(b) Declare that the Bajaj Finance Limited (CIN:L65910MH1987PLCO42961) is not a “Financial institution or any other institution as contemplated under section 2(m) or of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

(c) Declare that all proceedings pursuant to Exhibit P2, P3 and P8 Exhibit P9 are not maintainable pursuant to Exhibit P10 Notification S.O.856(E) dated 24^th February, 2020 of Ministry of Finance, Department of Financial Services, Government of India.

(d) Issue writ of Certiorari quashing to Order Dated 14^th June, 2022 in MC No.239 of 2022 on the files of the Additional Chief Judicial Magistrate Court (Special Court for the trail of Criminal Cases against sitting and formers Mps/MLAs of the State, Ernakulam.

(e) Declare that all proceedings pursuant to Exhibit P2, P3 and P8 Exhibit P9 are not maintainable pursuant to Exhibit P10 notification.

(f) Issue such other order or direction, as this Hon’ble Court may deem just and necessary in the fact and circumstance of the case.”

2. An interim order was passed on 25.08.2022 directing the petitioner to remit Rs.1,00,000/- towards the loan liability on or before 03.09.2022, and physical possession was deferred. The direction was complied with and the amount was deposited. The petitioner seeks permission to withdraw the writ petition with liberty to approach the Debts Recovery Tribunal to avail the statutory remedy under Section 17 of the SARFAESI Act. Permission is granted.

The writ petition is disposed of as above.

Sd/-