Tenants of a borrower challenged SARFAESI recovery proceedings via writ petition. The court allowed opposing counsel's submission pending the borrower's own writ, noting protection would extend to tenants. The petition was disposed of.
Petition disposed of as the tenant would benefit from the interim protection granted to the borrower in related proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 7TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.215 OF 2022(GM-RES)
BETWEEN:
...PETITIONERS
(BY SRI. NANJUNDARADHYA B G, ADVOCATE)
AND:
… RESPONDENTS (BY SRI.SHETTY VIGNESH SHIVARAM, ADVOCATE FOR C/R1)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 30.12.2021 PUBLISHED VIDE ANNEXURE-P ISSUED BY THE R-1 IN SO FAR AS IT IS CONCERNED IN RESPECT OF THE FIRST AND SECOND FLOOR RESIDENTIAL PREMISES BEARING VP KATHA NO.202 BBMP HOUSE LIST NO.29/1 2ND FLOOR 1ST MAIN G STREET HOSAGUDDADAHALLI BENGALURU -560 026 AS LACK AT JURISDICTION AND AUTHORITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY THROUGH VIDEO CONFERENCE, THE COURT MADE THE FOLLOWING:-
ORDER
This writ petition is by the alleged tenants of the second respondent-borrower of the first respondent – Bank; they seek to lay a challenge to the coercive SARFAESI proceedings for the recovery of debts.
3
protection the borrower has obtained at the hands of this
Court would enure to their benefit as well.
In view of the above, this petition is disposed off.
Costs having been made easy.
Sd/JUDGE
Bsv
2 issues framed by the court
Whether alleged tenants of a borrower can challenge SARFAESI proceedings via writ petition absent specific borrower claim.
Whether pending writ by the borrower against coercive SARFAESI proceedings makes the present petition misconceived.
2 provisions across 2 enactments
SMT. NAJMUNNISA
SMT. TARANNUM
THE MANAGER, CANARA BANK
MR. AZEEM ALAM
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
