Borrower-firm challenged a bank's possession notice under Articles 226/227 after failing to comply with an interim order directing deposit of 30% of dues. Holding the petition not maintainable for that default and because Section 17 SARFAESI provides an alternative remedy, the High Court dismissed it.
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NC: 2024:KHC:35195 WP No. 16568 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 16568 OF 2023 (GM-RES)
BETWEEN:
…PETITIONER
(BY SRI RAJATH S., ADVCOATE FOR SRI MAHESH R. UPPIN., ADVOCATE)
Digitally signed by VALLI MARIMUTHU
Location: High Court of Karnataka
AND:
COURT BACK ROAD UDUPI – 576 101.
…RESPONDENTS
(BY SRI PUNDIKAI ISHWARA BHAT, ADVOCATE FOR CAVEATOR RESPONDENT 1 & 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE POSSESSION NOTICE DTD 11.07.2023 ISSUED BY THE 2ND RESPONDENT MARKED AS ANNEXURE “D” BY ISSUING A WRIT IN THE NATURE OF CERTIORI AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
The petitioner has called in question the Possession
Notice dated 11.07.2023 at Annexure-D issued by the
respondent-Bank.
Bank submits that the interim order dated 10.08.2023 is not complied as on today. He further submits that the
NC: 2024:KHC:35195 WP No. 16568 of 2023
petitioner has remedy under Section 17 of Securitisation
and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002 (for short 'SARFAESI Act').
reasons. Firstly, for non-compliance of the interim order dated 10.08.2023. Secondly, in view of alternative remedy under Section 17 of the SARFAESI Act.
Accordingly, writ petition is dismissed as not
maintainable.
Sd/(K. V. ARAVIND) JUDGE
CR
List No.: 1 Sl No.: 43
1 issue framed by the court
Is the writ petition maintainable against the possession notice given non-compliance with the interim deposit order and the alternative remedy under Section 17 SARFAESI Act?
2 provisions across 2 enactments
M/s Kemmale Engineers and Contractors
Bharath Co-operative Bank (Mumbai) Ltd., Udupi Branch
Chief Manager and Authorised Officer, Bharat Co-operative Bank (Mumbai) Ltd., Udupi Branch
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
