Petitioner filed writ petition under SARFAESI Act challenging bank's dispossessing notice without availing remedy under Section 13(3A). Court held petition not maintainable and dismissed.
Petitioner's writ petition praying direction not to dispossess petitioner and tenants from mortgaged property is dismissed.
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NC: 2024:KHC:45253 WP No. 13700 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 13700 OF 2023 (GM-RES)
BETWEEN:
MR. SURYAKANTH PATIL S/O. LATE S.R PATIL, AGED ABOUT 58 YEARS, RESIDING AT NO. 327, 'ASHIYANA', CHENNAMANAKERE ACTHUKATTU, BANASHANKARI 3RD STAGE, BANGALORE - 560 085.
…PETITIONER
(BY SRI. BIJOY M T., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. L CHANDRASHEKAR, ADVOCATE FOR R1; SRI. S D N PRASAD, ADVOCATE AND SRI. M N UMESH, ADVOCATE FOR R2)
NC: 2024:KHC:45253 WP No. 13700 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 NOT TO DISPOSSESS THE PETITIONER AND HIS TENANTS FROM THE RESIDENTIAL PROPERTY VIDE BEARING NO.58(C), SITUATED AT GUBBALALU VILLAGE IN THE SOCIETYs LAYOUT (VAJRAMUNI NAGARA) FORMED AT GUBBALALU AND THURAHALLI LAYOUT 1 STAGE, FORMED IN SURVEY NOS.54/1, 55/5/ OF GUBBALALU VILLAGE AND SURVEY NOS.13/1, 13/3, 16/1, 16/2, 16/3, 46/2, 49, 52/2, 53/1B AND 67(P) OF THURAHALLI VILLAGE, UTTARAHALLI HOBALI, BANGALORE SOUTH TALUK, BANGALORE, LAYOUT FORMED BY THE JAYANAGARA CO-OPERATIVE HOUSING SOCIETY LTD., PRESENT THAT THE SAID SITE COMES UNDER THE JURISDICTION OF RAJARAJESHWARI NAGARA SABHE, VIDE KATHA NO.320, SITE NO.58(C) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner is a borrower of a loan from respondent No.2 - Bank. Upon defaulting in repayment of the loan, respondent No.2 - Bank initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the “SARFAESI Act, 2002”).
No.2 not to dispossess the petitioner and his tenants from the mortgaged property.
Accordingly, the petition stands dismissed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE
BKM
1 issue framed by the court
Whether a writ petition under Articles 226 and 227 of the Constitution of India filed under the SARFAESI Act without availing the statutory remedy under Section 13(3A) is maintainable.
3 provisions across 2 enactments
Mr. Suryakanth Patil
Union of India
The Administrator Sri Guru Raghavendra Sahakarana Bank Niyamitha
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
