Petitioners, being children of mortgagors, filed a writ petition challenging an order under Section 14 of the SARFAESI Act regarding property auction. The court noted that petitioners have an alternative remedy under Section 17 of the Act.
Petition disposed of; liberty granted to avail relief under Section 17.
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1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.7118 OF 2021 (GM-RES)
BETWEEN :
…PETITIONERS
(BY SHRI.X.M.JOSEPH, ADVOCATE)
AND :
2
WHEELERS ROAD, COX TOWN BANGALORE-560 005 REPRESENTED BY ITS AUTHORISED OFFICER
(BY SHRI NARAYAN SHENOY, ADV. FOR C/R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT ORDER TO RESPONDENT NO.1 OR ALTERNATELY TO RESPONDENT NO.2 TO CONSIDER PROVIDING FOR SAFEGUARDS SUCH AS PUBLIC NOTICE AS WELL AS NOTICE BY AFFIXURE BEFORE CREATING CHARGES OVER IMMOVABLE PROPERTY/PROPERTIES OVER WHICH SECURITY INTEREST IS PROPOSED TO BE CHEATED SO AS NOT TO ENCUMBER OR CREATE CLOGS ON THE RIGHTS OF PERSON/S WHO MAY HAVE INTEREST INCLUDING AN INHERITABLE INTEREST OVER SUCH PROPERTIES AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
Petitioners No.1 and 2 are children of respondent No.3. Petitioner No.3 is son of respondent No.4. Petitioners' case is, property described in the schedule to the writ petition has been mortgaged in favour of the South Indian Bank Ltd., which has financed respondent No.5-Company engaged in the business of gold jewellery.
4
Enforcement of Security Interest Act, 2002 ("SARFAESI Act" for short).
liberty to the petitioners to avail the appeal remedy.
No costs.
Sd/-
JUDGE
AV
1 (2010)8 SCC 110
2 issues framed by the court
Whether children of mortgagors can approach the High Court to quash the impugned order passed under Section 14 of the SARFAESI Act.
Whether the petitioners in such a scenario have an alternative efficacious remedy under Section 17 of the SARFAESI Act.
Colour shows how this judgement treated each authority
United Bank of India Vs. Satyawati TandonReferred¶34
United Bank of India Vs. Satyawati Tandon (2010)8 SCC 110 · Who else cites this
1 provisions across 1 enactments
MS. ASHWINI K
MS. ABHINANDNA
MASTER ARUN KUMAR J
UNION OF INDIA
THE SOUTH INDIAN BANK LIMITED
SRI KUMARESH K
P.S. DINESH KUMAR
As recorded by the court registry
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