Disposed

Rbl Bank Ltd. v. the Station Officer

Karnataka HC16 Feb 2023WP/594/2023

Case brief

AI extract

What is this about?

This petition sought a direction to police and revenue authorities to implement a C.M. order dated 06.05.2022 enabling RBL Bank to take physical possession of secured property under the SARFAESI Act after nine months of inaction.

What did the court decide?

The respondents were directed to forthwith implement the C.M. order dated 06.05.2022 to enable the Bank to take possession of the secured property.

Rbl Bank Ltd. Vs the Station Officer — Execution and Attachment | Karnataka HC (2023)

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WP No. 594 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 594 OF 2023 (GM-RES)

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BETWEEN:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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RBL BANK LTD., HAVING ITS REGISTERED OFFICE AT MAHAVEER BUILDING SHREE SHAU MARKET, SHAHUPURI KOLHAPUR – 416 005. HAVING ONE OF ITS BRANCH OFFICES AT: PRESTIGE TOWER THIRD FLOOR, 99 AND 100 RESIDENCY ROAD BENGALURU – 560 025 REPRESENTED BY ITS AUTHORIZED OFFICER MRS.SYEDA YASEEN TAJ RANA.

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…PETITIONER

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(BY SRI. AMIT DESHPANDE, ADVOCATE)

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AND:

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THE STATION OFFICER THE HOSKOTE POLICE STATION 3QCM+32Q, NH75 SWAMI VIVEKANANDA NAGAR KHB COLONY, HOSKOTE KARNATAKA – 562 114.

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WP No. 594 of 2023

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THE DEPUTY COMMISSIONER OFFICE AT: CB-CID OFFICE CID NO.1, CARLTON HOUSE PALACE ROAD

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BENGALURU – 560 001.

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…RESPONDENTS

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(BY SRI.M.VINOD KUMAR., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO COMPLY THE ORDER DATED 06.05.2022 PASSED IN CRL. MISC. NO. 462/2022, BY THE CHIEF JUDICIAL MAGISTRATE BANGALORE FILED UNDER SECTION 14 OF THE SARFAESI ACT AT ANNEXURE- C , I.E. THE RESPONDENTS TO EXTEND POLICE ASSISTANCE TO THE COURT COMMISSIONER AND THE PETITIONER IN ORDER TO PROCURE THE POSSESSION OF THE SECURED PROPERTY FROM THE BORROWER.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner – RBL Bank Limited (‘Bank’ for short) is before this Court seeking a direction to the respondents to comply with the order dated 06.05.2022 passed in Crl.Misc.462 of 2022 by the Chief Judicial Magistrate, Bangalore to extend police assistance to procure the possession of the property from the borrower.

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WP No. 594 of 2023

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Heard Sri.Amit Deshpande, learned counsel appearing for petitioner and Sri.M.Vinod Kumar, learned Additional Government Advocate appearing for respondents.

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The petitioner is the Bank which lends certain money

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to the borrower M/s.NGR General Stores and have initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act, 2002’ for short). In furtherance of such initiation, filed Crl.Misc.462 of 2022 before the learned Magistrate under Section 14 of the SARFAESI Act. The learned Magistrate in terms of his order dated 06.05.2022 allows the petition filed by the Bank, holds that the Bank is entitled to take physical possession of the secured assets among other directions. In terms of the said order, a request letter was submitted by the petitioner to the respondent 1 and 2 to comply with the order passed by the learned Magistrate. Though close to ten months have passed by, the respondents have not chosen to act upon the order passed by the learned Magistrate under Section 14 of the SARFAESI Act, 2002.

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WP No. 594 of 2023

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The order passed in terms of Section 14 of the SARFAESI Act is a judicial order, which cannot be tuned blindeye by the respondents. Therefore, the respondents shall forthwith take appropriate steps to implement the order passed by the learned Magistrate dated 06.05.2022 without brooking

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any further delay. Any delay by the respondents would amount to acting contrary to the statute.

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Ordered accordingly. Petition stands disposed.

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Sd/JUDGE

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BKP

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List No.: 1 Sl No.: 34

Rbl Bank Ltd. v. the Station Officer

Case brief

What is this about?

What did the court decide?

Rbl Bank Ltd. v. the Station Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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