Disposed

Mrs. K. Anitha Rani v. Aditya Birla Finance Limited

Karnataka HC2 Sept 2024WP/15791/2024

Case brief

AI extract

What is this about?

In this writ petition challenging an order of the Additional Chief Metropolitan Magistrate, the court disposed of the matter. It noted non-compliance with an interim order regarding physical possession and granted liberty to approach the Debt Recovery Tribunal.

What did the court decide?

Petition disposed of; liberty reserved to approach Debt Recovery Tribunal under Section 17 of SARFAESI Act.

Mrs. K. Anitha Rani Vs Aditya Birla Finance Limited — Execution and Attachment | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:36514 WP No. 15791 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF SEPTEMBER, 2024

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 15791 OF 2024 (GM-RES)

¶5

BETWEEN:

¶6

MRS. K. ANITHA RANI,

¶7

AGED 49 YEARS, NO.1/1, SRI NIVAS, 6TH CROSS, CHELUVAIAH LAYOUT, RAMAMURTHY NAGAR, BANGALORE - 560 016.

¶8

MRS. K.S. KUMAR, AGE 46 YEARS NO. 1/1 SRI NIVAS, 6TH CROSS, CHELUVAIAH LAYOUT, RAMAMURTHY NAGAR, BANGALORE - 560 016.

¶9

…PETITIONERS

¶10

Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

¶11

(BY SRI. K.S. PONNAPPA, ADVOCATE FOR SRI. MAHABALESH K. PATIL, ADVOCATE)

¶12

AND:

¶13

ADITYA BIRLA FINANCE LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT INDIAN RAYON COMPOUND, VERAVAL, GUJARAT - 362 266.

¶14

AND HAVING ITS REGIONAL OFFICE AT EMBASSY HEIGHTS, MAGRATH ROAD, GROUND MEZZANINE FLOOR, "C" WINGS, BESIDE HOSMAT HOSPITAL, BANGALORE - 560 025.

¶15

2 - NC: 2024:KHC:36514 WP No. 15791 of 2024

¶16

REPRESENTED BY ITS AUTHORISED SIGNATORY MR. JANSIRAO V.

¶17

SPOT FREE SOLUTION PVT. LTD, REPRESENTED BY MR. SHASHI NANAIAH, A COMPANY INCORPORATED UNDER PROVISION OF THE COMPANIES ACT 1956, NO.22, 1ST AND 2ND FLOOR, 100 FEET ROAD, DODDABANASWADI, BANGALORE - 560 043.

¶18

SPOTFREE SOLUTIONS, REPRESENTED BY MRS. MAMATHA MOHAN, A COMPANY INCORPORATED UNDER PROVISION OF THE COMPANIES ACT 1956, NO. 22, 1ST AND 2ND FLOOR, 100 FEET ROAD, DODDABANASWADI, BANGALORE - 560 043.

¶19

APPLE BLOSSOM BEAUTY ACADEMY, REPRESENTED BY MRS. K.S. KUMAR, NO.1 BSR ARCADE GANDHI BAZAAR, BASAVANGUDI, BANGALORE - 500 004.

¶20

PRISTINE AUTO SOLUTION PVT. LTD., REPRESENTED BY MR. SHASHI NANAIAH, NO.22, 1ST AND 2ND FLOOR, 100 FEET ROAD, DODDABANASWADI, BANGALORE - 560 043.

¶21

MR. SHASHI NANAIAH, SITE NO. 34, VETHNILATE, 3RD CROSS, MANJUNATHA NAGAR, KALKERE VILLAGE, BANGALORE - 560 043.

¶22

SPOTFREE SOLUTION PVT. LTD., REPRESENTED BY MR. MOHAN K. NANAIAH A COMPANY INCORPORATED UNDER PROVISION OF THE COMPANIES ACT 1956, NO.22, 1ST AND 2ND FLOOR, 100FEET ROAD, DODDABANASWADI, BANGALORE - 560 043.

¶23

¶24

NC: 2024:KHC:36514 WP No. 15791 of 2024

¶25

SPOT FREE SOLUTION PVT. LTD., REPRESENTED BY MRS. MOUNA SHASHI, NO. 22, 1ST AND 2ND FLOOR, 100 FEET ROAD, DODDABANASWADI, BANGALORE - 560 043.

¶26

APPLE BLOSSOM BEAUTY ACADEMY, REPRESENTED MRS. K. ANITHRAANI, NO. 1 BSR ARCADE, GANDHI BAZAR, BASAVANAGUDI, BANGALORE - 560 004.

¶27

SPOTFREE SOLUTIONS, REPRESENTED MR. MOHAN K. NANAIAH, NO. 34, VETHNILATE, 3RD CROSS, MANJUNATHA NAGAR, KALKERE VILLAGE, BANGALORE - 560 043.

¶28

MRS. MOUNA SHASHI, NO. 34, VETHNILATE, 3RD CROSS, MANJUNATHA NAGAR, KALKERE VILLAGE, BANGALORE - 560 043.

¶29

MR. MOHAN K. NANAIAH, SON OF LATE SRI. K. NANAIAH, AGED ABOUT 48 YEARS, NO. 22, 1ST AND 2ND FLOOR, 100 FEET ROAD, DODDABANASWADI, BANGALORE - 560 043.

¶30

MRS. MAMATHA MOHAN, WIFE OF MR. MOHAN K NANAIAH, AGED ABOUT 45 YEARS, NO. 22, 1ST AND 2ND FLOOR, 100 FEET ROAD, DODDABANASWADI, BANGALORE - 560 043.

¶31

…RESPONDENTS

¶32

(BY SRI. LOKESH K.V, ADVOCATE FOR R1; VIDE ORDER DATED 18.06.2024, NOTICE TO R2 TO R13 IS DISPENSED WITH)

¶33

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED

¶34

4 - NC: 2024:KHC:36514 WP No. 15791 of 2024

¶35

20.12.23 PASSED BY THE X. ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU IN C. MISC. 50395 OF 2019 AT ANNEXURE-A AND ETC.,

¶36

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶37

ORAL ORDER

¶38

The learned counsel for the respondent-Bank submits that the interim order has not been complied with and that the physical possession of the subject property has been taken.

¶39

Accordingly, the petition is disposed of, with liberty reserved to the petitioner to approach the Debt Recovery Tribunal under Section 17 of the SARFAESI Act.

¶40

Sd/-

¶41

(HEMANT CHANDANGOUDAR) JUDGE

¶42

RKA List No.: 1 Sl No.: 36 CT: BHK

Mrs. K. Anitha Rani v. Aditya Birla Finance Limited

Case brief

What is this about?

What did the court decide?

Mrs. K. Anitha Rani v. Aditya Birla Finance Limited

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 Theraindx Lifesciences Pvt. Ltd., Vs Idbi Bank Limited

Mr Manjunath B L Vs Authorized Officer

Sunil Alias H R Sunil Kumar Alias H R Harish Kumar Vs the Chief Superintendent

Manappuram Finance Ltd., Vs the State of Karnataka

Sri Nakkul Vs Idfc First Bank

Krishnegowda @ Krishna Vs State of Karnataka