Dismissed

Kantesh S/O Guddappa Kummur v. Aptus Value Housing Finance India Ltd.

Karnataka HC8 Nov 2023WP/100005/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed this writ petition filed by borrowers challenging an order passed by the Senior Civil Judge, Haveri, directed under Section 14 of the SARFAESI Act to enforce possession rights by a financial institution secured by a loan default.

What did the court decide?

Registry to transfer deposited amount to respondent institution to be set-off against the loan due from petitioners.

Kantesh S/O Guddappa Kummur Vs Aptus Value Housing… — Banking and Recovery | Karnataka HC (2023)

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NC: 2023:KHC-D:13062 WP No. 100005 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 8^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 100005 OF 2023 (GM-RES)

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BETWEEN:

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KANTESH S/O. GUDDAPPA KUMMUR, AGE: 40 YEARS, OCC: COOLIE, R/O. NEAR SPANDANA SCHOOL, ASUNDI ONI, KADARAMANDALAGI, TQ: BYADGI, DIST: HAVERI-581106.

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SHANTAVVA W/O. KANTESH KUMMUR, AGE: 35 YEARS, OCC: COOLIE, R/O. NEAR SPANDANA SCHOOL, ASUNDI ONI, KADARAMANDALAGI, TQ: BYADGI, DIST: HAVERI-581106.

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…PETITIONERS

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ROHAN HADIMANI T

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Digitally signed by ROHAN HADIMANI T

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(BY SRI AVINASH BANAKAR, ADVOCATE)

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AND:

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APTUS VALUE HOUSING FINANCE INDIA LIMITED, NO.8B. DOSHI TOWERS, 205, POONAMALLE HIGH ROAD, KILPAUK, CHENNAI-600010, REPRESENTED BY ITS CLUSTER MANAGER, AUTHORIZED OFFICER, MR. B.D. MANJUNATH, NO.107/2, EKBOTE COMPLEX, 1^ST FLOOR, NEAR LOCAL VAT OFFICE,

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2 - NC: 2023:KHC-D:13062 WP No. 100005 of 2023

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P.B. ROAD, RANEBENNUR, DIST: HAVERI-581115.

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RAMAPPA S/O. GUDDAPPA POOJAR, AGE: MAJOR, OCC: AGRICULTURE, R/O. BELAKERI, TQ: BYADGI, DIST: HAVERI-581106.

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…RESPONDENTS

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(BY SRI RAJIV R., ADVOCATE FOR R1(VKF); NOTICE TO R2 IS SERVED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASH THE IMPUGNED ORDER DATED 25.10.2022 IN CRL.MISC.NO.20/2022 PASSED BY THE COURT OF PRL SENIOR CIVIL JUDGE, HAVERI VIDE ANNEXURE-B, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASH THE IMPUGNED ORDER DATED 28.12.2022 IN CRL.MISC.NO.20/2022 PASSED BY THE COURT OF PRL SENIOR CIVIL JUDGE, HAVERI ON APPLICATION UNDER SECTION 151 OF CPC VIDE ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC-D:13062 WP No. 100005 of 2023

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ORDER

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The petitioners in the instant writ petition have challenged the order passed in Crl.Misc.No.20/2022 dated 25.10.2022 by the Prl. Senior Civil Judge, Haveri. Respondent No.1 is a financial institution and the petitioners borrowed loan from respondent No.1. Due to default of payment of the said loan, respondent No.1 initiated the proceedings under various provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short, the ‘SARFAESI Act’). In the process, certain properties mortgaged to respondent No.1 as security for the loan borrowed by the petitioners were attached and brought to sale. In the process, an application was made to the Prl. Senior Civil Judge & CJM., Haveri by way of Crl.Misc.No.20/2022 under Section 14 of the SARFAESI Act and an order as prayed has been made and the concerned jurisdictional Police were directed to assist the petitioner

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4 - NC: 2023:KHC-D:13062 WP No. 100005 of 2023

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therein to take physical and vacant possession of the property.

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I do not see error in the order passed in

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Crl.Misc.No.20/2022. If the petitioner has any grievance against the action initiated by respondent No.1, he is always at liberty to redress his grievances in the manner known to law.

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For the aforementioned reasons, the writ

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petition is hereby dismissed.

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It is further submitted that, pursuant to filing of the writ petition, the petitioners have deposited certain amount before this Court. Registry shall transfer the same amount, if any, in favour of respondent No.1-financial institution after due verification and same shall be set-off against the loan due from the petitioners.

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Sd/JUDGE

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List No.: 1 Sl No.: 56

Kantesh S/O Guddappa Kummur v. Aptus Value Housing Finance India Ltd.

Case brief

What is this about?

What did the court decide?

Kantesh S/O Guddappa Kummur v. Aptus Value Housing Finance India Ltd.

Case brief

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