Disposed

Smt. Divya Babu, v. Jana Small Finance Bank Ltd.

Karnataka HC24 Jan 2024WP/1346/2024

Case brief

AI extract

What is this about?

A lessee challenged a Magistrate's order permitting the bank's sale proceedings under SARFAESI and sought not to be dispossessed. She filed an undertaking to hand over possession to the auction purchaser upon issuance of the sale certificate, with no objection to the sale. The petition was disposed recording the undertaking, breach permitting legal action by the bank.

What did the court decide?

Petition disposed recording petitioner's undertaking to vacate on sale certificate issuance; no further relief granted.

Smt. Divya Babu, Vs Jana Small Finance Bank Ltd. — Banking and Recovery | Karnataka HC (2024)

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1 - NC: 2024:KHC:3288 WP No. 1346 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1346 OF 2024 (GM-RES)

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BETWEEN:

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SMT. DIVYA BABU, W/O SRI. HARISH BABU, AGED ABOUT 35 YEARS, RESIDING AT NO-010, GROUND FLOOR, PIONEER PARADISE, PUTTENAHALLI VILLAGE, UTTARAHALLI HOBLI, BANGALORE - 560 076.

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…PETITIONER

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(BY SMT. SANDHYA U PRABHU, ADVOCATE)

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

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AND:

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JANA SMALL FINANCE BANK LTD., REPRESENTED BY ITS AUTHORIZED OFFICER/MANAGER, THE FAIRWAY BUSINESS PARK, NO.10/1, 11/2, AND 12/2B, OFF DOMLUR, KORAMANGALA INNER RING ROAD, NEXT TO EMBASSY GOLF LINKS, CHALLAGHATTA, BANGALORE - 560 071.

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NC: 2024:KHC:3288 WP No. 1346 of 2024

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SMT. RAMAVATHI, D/O LATE VENKATASWAMY RAJU, MAJOR, RESIDING AT NO.10, 11^TH A CROSS, NAVODAYANAGAR, SHREYA COLONY, J P NAGAR, BANGALORE - 560 078.

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MR. RAVISHANKA C., S/O SMT. RAMADEVI, MAJOR, RESIDING AT NO.10, 11^TH A CROSS, NAVODAYANAGAR, SHREYA COLONY, J P NAGAR, BANGALORE - 560 078.

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…RESPONDENTS

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(BY SRI. SURESH V., ADVOCATE FOR R1)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE LEARNED 30^TH ADDL. CHIEF METROPOLITAN MAGISTRATE BENGALURU IN C.MISS.NO.6816/2023 DATED:07.12.2023 IN RESPECT OF SCHEDULE PROPERTY PRODUCED AT ANNEXUREE IN RESPECT OF SCHEDULE PROPERTY AND ETC.

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

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NC: 2024:KHC:3288 WP No. 1346 of 2024

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ORDER

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The petitioner is before this Court seeking the following prayers:

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"a) Issue a writ of certiorari quashing the order of the learned 30^th Addl. Chief Metropolitan Magistrate Bengaluru in C.Miss.No.6816/2023 dated 07/12/2023 in respect of schedule property produced at Annexure-E in respect of schedule property.

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b) Issue a writ of mandamus directing the respondent bank not to dispossess the petitioner who is legally in possession as a lessee in the schedule property.

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c) Grant any other relief as this Hon'ble court deems fit in the facts and circumstances of the case including awarding costs, in the interest of justice and equity."

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This Court entertaining the petition had passed an

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order on 12.01.2024 directing that the petitioner should not be dispossessed from the property.

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The petitioner has now filed an affidavit of undertaking, which reads as follows:

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UNDERTAKING AFFIDAVIT

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"I, Smt. Divya Babu, W/o Sri Harish Babu, aged 35 year residing at No -010, in the ground floor, Pioneer paradise, Puttenahalli village, UttarahalliHobli, Bangalore-560076, do here by solemnly affirm and state on oath as fallows:-

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1. I state that, I am lessee in the schedule property.

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NC: 2024:KHC:3288 WP No. 1346 of 2024

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2. I state that, I have paid sum of Rs.13,00,000/-(Rupees thirteen lakhs only) to the borrower Smt. Ramavathi.V on 20/1/2022 and entered in to lease agreement.

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3. I submit that, I have been cheated by the borrower Smt.Ramavathi. V and her son Sri Ravishankar. C who are respondent No 2 and 3 in the above case. I have filed a complaint before the jurisdictional police against the owner of the property as the borrowing the loan and issuance of SARFAESI notices by respondent No 1 was suppressed by them at the time of entering into the agreement.

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4. I submit that, I am in the peaceful possession and enjoyment of the property from the date of occupation with my aged parents and 2 years old child.

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5. I submit that, I do not have any objection for the bank to proceed for sale of the property to recover their dues.

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6. I submit that, I undertake to handover the possession of the property to the successful auction purchaser on the day when sale certificate is issued to them by the respondent No.1.

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Wherefore I kindly pray that, this Hon'ble court may be pleased to direct the respondent No.1 to not to dispossess me and my family members till the auction is conducted and sale certificate is issued to the successful auction purchaser."

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In the light of the said undertaking, the learned counsel

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appearing for the respondent - Bank submits that the petition be disposed recording the said undertaking and a direction to adhere to the undertaking.

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Therefore, the petition stands disposed.

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NC: 2024:KHC:3288 WP No. 1346 of 2024

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In the event the petitioner would breach the

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undertaking, the respondent is at liberty to take action in accordance with law.

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Sd/JUDGE

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SJK List No.: 1 Sl No.: 17 CT:SNN

Smt. Divya Babu, v. Jana Small Finance Bank Ltd.

Case brief

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Smt. Divya Babu, v. Jana Small Finance Bank Ltd.

Case brief

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