Petitioner challenged a notice under Section 14 of the SARFAESI Act issued by the Deputy Commissioner at a lender's instance. Having failed to comply with an interim direction to deposit Rs.2,00,000, and with an alternative remedy available under Section 17, the writ petition was held not maintainable and dismissed.
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NC: 2024:KHC:34769 WP No. 18481 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 18481 OF 2017 (GM-RES)
BETWEEN:
S/O ROSARIO MONTEIRO, AGED ABOUT 68 YEARS, RESIDING AT SY No.152/2P3, D.No.1-8A, SANDRA VILLAGE, CHURCH GATE, PAJEERU GRAMA CHAVADI, PAJEERU POST, KONAJE, MANGALORE 574144.
…PETITIONER
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
(BY SRI PAUL MOTEIRO, ADVOCATE) AND:
…RESPONDENTS
(BY SRI S.H. RAGHAVENDRA, AGA FOR R2 AND R3; SRI HARSHA G., ADVOCATE FOR SMT. R. RADHA, ADVOCATE FOR R1; R4 IS SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 1.4.2017 PASSED BY THE R-2 VIDE ANNEXURE-A AND CONSEQUENTLY HOLD THAT R-2 AND 3 DO NOT HAVE ANY POWERS UNDER SECTION 14 OF THE SARFAESI ACT.
NC: 2024:KHC:34769 WP No. 18481 of 2017
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 notice issued under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act). This Court by order dated 27.04.2017 directed the petitioner to deposit of Rs.2,00,000/- with respondent No.1. The petitioner has not placed any documents regarding the compliance of the interim directions.
NC: 2024:KHC:34769 WP No. 18481 of 2017
availability of alternative remedy under Section 17 of the
SARFAESI Act.
Sd/(K. V. ARAVIND) JUDGE
DDU List No.: 1 Sl No.: 11
1 issue framed by the court
Whether the writ petition challenging the Section 14 SARFAESI notice is maintainable given non-compliance with interim directions and availability of alternative remedy under Section 17.
3 provisions across 2 enactments
Mr. Paul Moteiro
M/S Sundaram BNP Paribas Home Finance Ltd.
The Deputy Commissioner & District Magistrate, Dakshina Kannada, Mangalore
The Superintendent of Police, Dakshina Kannada, Mangalore
Mrs. Cecilia Monteiro
K. V. Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
