Disposed
Smt H v. Bhagya v the Mahila Co. Operative Bank Ltd.
Karnataka HCWP/19978/2021
Case brief
from the order text
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.19978 OF 2021 (GM-RES)
BETWEEN:
SMT. H V BHAGYA, W/O SRI. D C K KALE GOWDA, AGED ABOUT 50 YEARS, RESIDING AT NO.1691, 7TH MAIN, 7TH CROSS, RPC LAYOUT, BENGALURU – 560 040.
…PETITIONER
(BY SRI. SHARADA N, ADVOCATE)
AND:
THE MAHILA CO-OPERATIVE BANK LTD., NO.13 & 14, SOUTH END ROAD, SHESHADRIPURAM, BENGALURU – 560 020. REPRESENTED BY ITS ASSISTANT ACCOUNTANT OFFICER, SRI. KRISHNA V GARADIMANI.
…RESPONDENT
(BY SRI. K RAMA BHAT, ADVOCATE FOR C/R (CP NO.12475/2021))
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.09.2021 AT ANNEXURE-C PASSED BY THE XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU IN C.MISC.NO.3213/2021 AND QUASH THE NOTICE DATED 22.10.2021 ISSUED BY THE RESPONDENT AT ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
Petitioner, borrower is knocking at the doors of Writ
Court for assailing the coercive proceedings for the recovery of the debt by invoking the provision of SARFAESI Act 2002; learned counsel for the petitioner notifies to the court her client had paid Rs. 30,00,000/- immediately before filing of Writ Petition and another sum of Rs. 50,00,000/- after the filing and therefore, he is a bona fide and scrupulous borrower, which factors should weight with the Court.
In view of the above nothing remains to be done in this Writ Petition and therefore the same is disposed off reserving
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liberty to the respondent bank to resume all coercive steps of
recovery of debts.
Costs made easy.
Sd/-
JUDGE
cbc
Smt. H V Bhagya
The Mahila Co-Operative Bank Ltd.
Krishna S.Dixit
As recorded by the court registry
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