Petitioner sought a direction to regularize his loan account with the respondent bank. Having failed to comply with an interim order requiring deposit of Rs.15 lakh, the petition was dismissed as not maintainable, with liberty reserved to approach the Debts Recovery Tribunal under Section 17 of SARFAESI Act.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 16231 OF 2023 (GM-RES)
BETWEEN:
MR. M V PRASANNA S/O LATE M S VISHWANATH ROA AGED ABOUT 40 YEARS, RESIDING AT 2847/9C, 4TH MAIN, 9TH CROSS, JAYANAGARA, MYSORE 570014.
…PETITIONER
(BY SRI. N SURESHA., ADVOCATE) AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI. VASANT S KOPPAR, ADVOCATE FOR SRI. PADMANABHA S. HOLLA, ADVOCATE FOR R1; R2 IS SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BANK TO REGULARIZE THE LOAN ACCOUNT AS PER ANNEXURE-C DTD 10.7.2023 TO AWARD THE COSTS OF THIS PETITION AND ETC.
NC: 2024:KHC:38581 WP No. 16231 of 2023
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 in this petition is seeking for a directive to the respondent-Bank to regularize the loan account .
Sd/(HEMANT CHANDANGOUDAR) JUDGE
HR
1 issue framed by the court
Whether a writ petition seeking regularization of a loan account is maintainable before the High Court instead of the DRT under SARFAEIS.
2 provisions across 2 enactments
M V Prasanna
The Chief Manager, Indian Bank, Gandhi Square Branch, Mysore
M V Padma
Hemant Chandangoudar
As recorded by the court registry
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