High Court dismissed a writ petition seeking quashing of an impugned order and direction to extend loan repayment period. The court held that petitioners have an alternative efficacious remedy under the SARFAESI Act.
Writ petition dismissed; liberty reserved to approach appropriate forum.
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.
NC: 2023:KHC-D:14367 WP No. 107286 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 107286 OF 2023 (GM-RES)
BETWEEN:
GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI
…PETITIONERS
(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUITON OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER DATED 11-09-2023 PASSED BY THE RESPONDENT NO.2 HEREIN IN SECS/13/2022 (ANNEXURE-D) IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING TO THE RESPONDENTS TO EXTEND THE PERIOD FOR REPAYMENT OF THE LOAN AMOUNT, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners in the instant writ petition have challenged the action of respondent No.1 Bank under the provisions of 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.
For the aforementioned reason, writ petition is hereby dismissed, reserving liberty to the petitioners to approach the appropriate forum in the manner known to law.
Sd/JUDGE
gab/ct-mck List No.: 1 Sl No.: 35
2 issues framed by the court
Whether the writ petition challenging the bank’s action under the SARFAESI Act can be maintained.
Whether an alternative efficacious remedy exists under the SARFAESI Act.
2 provisions across 2 enactments
Manjunath S/o. Pandurang Revankar
Renuka W/o. Pandurang Revankar
GiriJA A Byahatti
Pradeep S/o. Pandurang Revankar
Prasant S/o. Pandurang Revankar
State Bank of India
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
