Dismissed

K Zahedullah S/O. Ameer Asadullah v. the Authorised Officer

Karnataka HC15 Feb 2023WP/100504/2022

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed a writ petition challenging a Deputy Commissioner’s SARFAESI order. Finding an alternative remedy available under the Debt Recovery Tribunal, the Court disposed of the petition but reserved liberty for future recourse, directing transfer of deposited funds to the bank account.

What did the court decide?

Petition dismissed reserving liberty for alternative remedy; registry directed to transfer deposited amounts to the petitioner's bank account.

K Zahedullah S/O. Ameer Asadullah Vs the Authorised… — Banking and Recovery | Karnataka HC (2023)

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WP No. 100504 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 15^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 100504 OF 2022 (GM-RES)

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BETWEEN:

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K.ZAHEDULLAH S/O AMEER ASADULLAH, 2^ND WARD ADONI STREET, KAMPLI, KARNATAKA – 583132.

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…PETITIONER

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(BY SRI SHIVASAI M.PATIL, ADVOCATE)

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AND:

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THE AUTHORISED OFFICER FOR CANARA BANK, KAMPLI BRANCH, BRAHMIN STREET, KAMPLI -583132.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad

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THE SSTATE OF KARNATAKA, REP. BY THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI - 583101.

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…RESPONDENTS

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(BY SRI MALLIKARJUNSWAMY B.HIREMATH, ADV. FOR R1; SRI PRASHANT V.MOGALI, HCGP FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE ORDER PASSED BY THE RESPONDENT NO.2 DEPUTY COMMISSIONER, BALLARY ORDER NO.REV/SARFAESI/APPEAL/33/2021-22 DATED 12.01.2022 VIDE ANNEXURE-K.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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WP No. 100504 of 2022

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ORDER

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In this writ petition, the petitioner has sought for the following reliefs:

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(i) Issue a writ in the nature of certiorari, quashing the order passed by the respondent No.2/Deputy Commissioner, Ballary order No.REV/SARFAESI/APPEAL/ 33/2021-22 dated 12.01.2022 vide Annexure-K.

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(ii) Any other and further relief as this Hon’ble Court deems fit and just in the ends of justice.

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Heard learned counsel for the petitioner and learned counsel for respondent No.1 and learned HCGP for respondent No.2. Perused the material on record.

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Though several contentions have been urged by the petitioner in the present petition having regard to the availability of equally efficacious and alternative remedy under the SARFAESI Act, petition is disposed off reserving liberty in favour of the petitioner to take recourse to such remedies as available in law including

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WP No. 100504 of 2022

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approaching the Debt Recovery Tribunal under the SARFAESI Act.

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Registry is directed to transfer the amounts if deposited by the petitioner before this Court to the loan account of the petitioner with the respondentBank as expeditiously as possible.

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SD JUDGE

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CLK List No.: 1 Sl No.: 52

K Zahedullah S/O. Ameer Asadullah v. the Authorised Officer

Case brief

What is this about?

What did the court decide?

K Zahedullah S/O. Ameer Asadullah v. the Authorised Officer

Case brief

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What did the court decide?

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