Dismissed

M/S Laxmi Food Industry v. the Regional Manager

Karnataka HC11 Dec 2023WP/106642/2016

Case brief

AI extract

What is this about?

This High Court of Karnataka dismissed a writ petition challenging a bank's action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, noting the existence of an alternative efficacious remedy under the enactment.

What did the court decide?

Writ petition was dismissed reserving liberty to petitioners to approach the appropriate authority.

M/S Laxmi Food Industry Vs the Regional Manager — Company and Corporate | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:14476 WP No. 106642 of 2016

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶4

DATED THIS THE 11^TH DAY OF DECEMBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.I.ARUN

¶7

WRIT PETITION NO. 106642 OF 2016 (GM-RES)

¶8

BETWEEN:

¶9

M/S. LAXMI FOOD INDUSTRY, PROPRIETOR,

¶10

SMT. LAXMI W/O. MALLAYYA HIREMATH, AGE ABOUT: 45 YEARS, OCC: BUSINESS, R/O. NAVANAGAR, BAGALKOT, PLOT NO.16, GREEN FOOD PARK, NAVANAGAR, BAGALKOT, TQ: DIST: BAGALKOT.

¶11

ROHAN HADIMANI T Digitally signed by ROHAN HADIMANI T

¶12

SMT. SHANTA W/O. RAMESH KATTIMANI, AGE ABOUT: 41 YEARS, OCC: AGRICULTURE, R/O. BAGALKOT, C.T.S.NO: 198/62/A, NEAR OLD EMPLOYMENT OFFICE, KEMPA ROAD, BAGALKOT, TQ: DIST: BAGALKOT.

¶13

…PETITIONERS

¶14

(BY SRI. ASHOK T. KATTEMANI, ADVOCATE)

¶15

AND:

¶16

THE REGIONAL MANAGER, KVG BANK, REGIONAL OFFICE, NAVANAGAR, BAGALKOT.

¶17

THE MANAGER KVG BANK BRANCH GADDANAKERI, TQ: BAGALAKOT, TQ:DIST: BAGALAKOT.

¶18

¶19

NC: 2023:KHC-D:14476 WP No. 106642 of 2016

¶20

THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED, MALLIKARJUNA COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT-587101.

¶21

…RESPONDENTS

¶22

(BY SRI. C.V. ANGADI, ADV. FOR R1 & R2; SRI. N.R. KUPPELUR, ADV. FOR R3)

¶23

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 TO QUASH THE NOTICE DATED 05.08.2016 ISSUED BY THE RESPONDENT NO.1 BANK AUTHORITIES VIDE ANNEXUREF; ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING TO THE RESPONDENT NO.3 TO CONSIDER THE CLAIM FORM FILED BY THE PETITIOENR NO.1 VIDE ANNEXURE-E AND RESPONDENT NO.3 TO DEPOSIT THE INSURANCE CLAIM AMOUNT AS PER ANNEXURE-A.

¶24

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

¶25

3 - NC: 2023:KHC-D:14476 WP No. 106642 of 2016

¶26

ORDER

¶27

The petitioners in the instant writ petition have challenged the action of respondent-Bank initiating action under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioners are having an alternative efficacious remedy under the said enactment itself. Hence, the writ petition is dismissed reserving liberty to the petitioners to approach appropriate authority in the manner known to law and if they were to file necessary application before the appropriate authority, then in that event, they will be entitled to the benefit of Section 14 of the Limitation Act, 1963.

¶28

Sd/JUDGE

¶29

¶30

List No.: 1 Sl No.: 40

M/S Laxmi Food Industry v. the Regional Manager

Case brief

What is this about?

What did the court decide?

M/S Laxmi Food Industry v. the Regional Manager

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S P.C. Guddad and Sons Vs the Joint Director (Planning)

Basappa B Yattinagudda Vs the State of Karnataka

Mallappa S/O Siddappa Hanchinal Since Deceased by His Lrs Vs Shri Shivaputra S/O Halappa Hanchinal

M/S Hln Industries Vs the State of Karnataka

M/S Girijaramana Impex Private Ltd. Vs the State of Karnataka

Hanamappa S/O Nagappa Giddahanamannavar Vs Bhimappa S/O Mallappa Immadi