Writ petition challenging proceedings under Section 14 of SARFAESI Act was dismissed as petitioners had an alternative remedy before the Debt Recovery Tribunal.
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.
WP No. 100035 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100035 OF 2023 (GM-RES)
BETWEEN:
…PETITIONERS
(BY SRI. PRAKASH R.BADIGER, ADVOCATE)
AND:
Digitally signed byCHANDRASHEKAR LAXMAN CHANDRASHEKAR KATTIMANI LAXMANKATTIMANI Location: HighCourt of Karnataka,Dharwad Date: 2023.02.07 11:56:41 +0530
WP No. 100035 of 2023
U B HILL, DHARWAD-580001.
…RESPONDENTS
(BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R1; SRI. PRASHANT V.MOGALI, HCGP FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE APPROPRIATE WRIT/ORDER/DIRECTION, DIRECTING THE RESPONDENT TO GRANT ATLEAST 3 MONTHS TIME TO PETITIONERS OR ANY OTHER REASONABLE TIME TO PETITIONERS AND UNTIL THEN NOT TO PROCEED UNDER SEC.14 OF SARFAESI ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioners have sought for the following reliefs:
“Issue appropriate writ/order/ direction, directing the respondent to grant atleast 3 months time to petitioners or any other reasonable time to petitioners and until then not to proceed under Sec.14 of SARFAESI Act.
Any other and further relief as this Hon’ble Court deems fit and just in the ends of justice.”
and learned counsel for respondent No.1 and learned
WP No. 100035 of 2023
HCGP for respondents No.2 to 4. Perused the material on record.
In view of disposal of the petition, all interim orders stand dissolved.
SD JUDGE
List No.: 1 Sl No.: 43
CLK
1 issue framed by the court
Whether the writ petition should be allowed directing the respondents not to proceed under Section 14 of the SARFAESI Act.
2 provisions across 2 enactments
SMT.SHANAZBEGUM KOM AFTABAHMED KALAWAD
KUM. AYEESHA SIDDIKA
THE AUTHORIZED OFFICER CHOLAMANDALA INVESTMENT AND FINANCE CO.LTD.
STATE OF KARNATAKA
THE DISTRICT MAGISTRATE AND DEPUTY COMMISSIONER, DHARWAD
THE TAHASILDAR AND TALUKA EXECUTIVE MAGISTRATE, HUBLI
S.R. KRISHNA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
