M/S Jeswill Hitech Solutions Vs Bank of Maharashtra

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 02^ND DAY OF DECEMBER, 2015

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No. 38007 OF 2015 (GM-RES)

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BETWEEN:

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M/s. Jeswill Hitech Solutions, Director, Tony Ponniah, Son of Late Sandosh Raj Ponniah, Age: 52 years, Residing at B-32, Sycon Heritage, Church Road, Basavanagudi, Bangalore 560 004.

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…PETITIONER

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(By Shri Suresha .N, Advocate)

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AND:

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Bank of Maharashtra, Indiranagar Branch, No.6, 1^st Stage, Indiranagar, Bangalore 560 071, Represented by its Authorized Officer.

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M/s. Jeswill Hitech Solutions,

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2

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Managing Director, Mr. P.S.Moorthy, Son of Late V. Parrthasarathy, Age: 55 years, Residing at No.3524/1, 2^nd Floor, service Road, H.A.L.Second 2^nd Stage, Bangalore 560 008.

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Mrs. Maria Qorretti, Wife of Mr. P.S.Moorthy, Age: 57 years, Residing at No.3524/1, 2^nd Floor, Service Road, H.A.L.Second 2^nd Stage, Bangalore 560 008.

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…RESPONDENTS

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(By Shri V.B.Ravi Shankar, Advocate for Respondent No.1; Respondent nos. 2 and 3 served)

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This Writ Petition is filed under Article 226 of the Constitution of India praying to direct to first respondent to quash the order passed by the C.Mis.No.5185/2015 on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru in Annexure-E dated 31.8.2015.

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This Writ Petition is coming on for Orders this day, the court made the following:

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3

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O R D E R

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Though this court had entertained this petition on

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condition of deposit of Rs.20,00,000/-, there has been non-

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compliance with the same.

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In any event, it is the settled legal position that a writ petition questioning the proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of

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Security Interest Act, 2002 is not maintainable.

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The petition is accordingly dismissed.

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Sd/JUDGE

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KS

M/S Jeswill Hitech Solutions v. Bank of Maharashtra

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M/S Jeswill Hitech Solutions v. Bank of Maharashtra

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