Writ petition challenging a Section 14 SARFAESI Act order authorising the bank's recovery proceedings against scheduled property. Petitioner filed a memo to withdraw; court permitted withdrawal and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 1689 OF 2022 (GM-RES)
BETWEEN:
MR. S.M. SHIVANNA, S/O LATE MOTAPPA, AGED ABOUT 57 YEARS, R/AT NO.17, 2ND MAIN, 2ND CROSS, HARINI VIDYALAYA, SHIVANAGAR, RAJAJINAGAR, BANGALORE.
…PETITIONER
(BY SRI. KAVITHA D, ADVOCATE)
AND:
Digitally signed by YAMUNA K L Location: High Court of Karnataka
CANARA BANK, THE CHIEF MANAGER, TIPTUR BRANCH, B.H. ROAD, TIPTUR, TUMKUR DISTRICT - 572 201.
(BY SRI. VIGNESH SHETTY, ADVOCATE)
…RESPONDENT
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SECTION 14 ORDER DATED 3.11.2018 IN THE CRL MISC NO.4018/2018 PASSED BY THE V ACMM COURT BANGALORE UNDER THE PROVISIONS OF THE SARFAESI ACT 2002 AS VIDE ANNEXURE-D TAKEN BY THE RESPONDENT BANK NO.1 AND DECLARE THAT THE ENTIRE RECOVERY PROCEEDINGS
NC: 2024:KHC:26365 WP No. 1689 of 2022
INITIATED BY THE R-1 UNDER SECTION 14 OF SARFAESI ACT 2002 AND ITS RULES AGAINST THE SCHEDULE PROPERTY ARE LEGALLY INVALID AND IN VIOLATION AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo
seeking permission of the Court to withdraw the petition.
Accordingly, the petition is dismissed as withdrawn.
Sd/JUDGE
PHM List No.: 1 Sl No.: 0 CT: BHK
1 issue framed by the court
Whether the Section 14 SARFAESI order against the schedule property was legally invalid?
2 provisions across 2 enactments
S.M. Shivanna
Canara Bank, The Chief Manager, Tiptur Branch
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
