Disposed

Sajid and Anr. v. Bajaj Housing Finance Ltd.

Karnataka HC25 Nov 2024WP/200577/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of a Trial Court order allowing a Section 14 SARFAESI application by a housing finance company. Admitting dues of Rs.13,28,737/-, petitioner No.1 undertook by affidavit to pay Rs.3 lakh by 31.12.2024 and the balance by 31.03.2025; the writ petition was disposed of on that basis with an automatic revival clause on default.

What the court decided

AI extract

Sajid and Anr. Vs Bajaj Housing Finance Ltd. — Banking and Recovery | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 25^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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WRIT PETITION NO. 200577 OF 2024 (GM-RES)

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BETWEEN:

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SRI SAJID AND ANR S/O RAJAKSAB BAGBAN, AGED ABOUT 57 YEARS, OCCUPATION ASSISTANT LIBRARIAN, RESIDENCE OF ADARSH DAIRY ROAD, GODBOLE, VIJAYAPURA-586101.

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Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA

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SMT AMEENA BALSING AGED ABOUT 53 YEARS, OCCUPATION HOUSEHOLD WORK, RESIDENCE OF WARD NO. 31, JAMAKHANE GALLI, NEAR BANDENAWAZ KATTA, VIJAYAPURA-586101.

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…PETITIONERS

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(BY SRI. S S MAMADAPUR,ADVOCATE)

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AND:

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BAJAJ HOUSING FINANCE LTD., CORPORATE OFFICE, CEREBRUM IT PARK, B2 BUILDING, 5TH FLOOR, KALYANI NAGAR,

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PUNE, MAHARASHTRA-411014, ITS BRANCH OFFICE AT SHIVAM COMPLEX, NO. 979, 2ND FLOOR, GURUKUL ROAD, VIJAYAPURA-586101. REPRESENTED BY ITS AUTHORIZED OFFICER, SRI. ARUL PERUMAL.

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…RESPONDENT

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(BY SRI. R.J BHUSARE ,ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ORDER ANY OTHER DIRECTION IN THE NATURE OF WRIT QUASHING THE ORDER DATED 09.12.2023 PASSED BY THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, VIJAYPUR IN CRL.MISC.NO.97/2023 VIDE ANNEXURE-B IN THE INTEREST OF JUSTICE AND EQUITY AND GRANT SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT TO GRANT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

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In this petition, the petitioners seek quashing of the impugned order dated 29.12.2023 passed by the Principal Senior Civil Judge and CJM, Vijayapura (for short “the Trial Court”), whereby the application under Section 14 of the The Securitisation

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and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”) filed by the respondent – Finance Corporation in Crl.Mis.No.97/2023 was allowed by the Trial Court.

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Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record.

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Learned counsel for the respondent – Finance Corporation submits that the petitioners are due in a total sum of Rs.13,28,737/- as on today.

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Per contra, learned counsel for the petitioners on instructions from petitioner No.1, who is physically present before the Court submits that petitioner No.1 is the husband of petitioner No.2 and admits that a sum of Rs.13,28,737/- is due from the petitioners to the respondents. It is submitted that the petitioners have filed an affidavit sworn to by petitioner No.1 undertaking to deposit a sum of Rs.3,00,000/- to the respondent on or before 31.12.2024 and the balance of Rs. Rs.10,28,737/- would be deposited on or before 31.03.2025. It is submitted that the impugned order passed by the Trial Court may be accordingly quashed in the present petition.

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Per contra, learned counsel for the respondent submits

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that in the event the petitioners does not comply with the undertaking given in the affidavit and does not make payments as stated supra, the present order may be automatically recalled and the impugned order passed by the Trial Court may stand revived and also reserving liberty in favour of the respondent to proceed further against the petitioners in accordance with law.

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In view of the aforesaid facts and circumstances of the

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case, I pass the following:

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ORDER

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(i) The Writ Petition is disposed of in terms of the affidavit of undertaking filed by petitioner No.1 for himself and on behalf of petitioner No.2.

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(ii) The petitioners are directed to pay/deposit Rs.3,00,000/- (Rupees Three Lakhs only) on or before 31.12.2024 and balance sum of Rs.10,28,737/(Rupees Ten lakhs Twenty Eight Thousand Seven Hundred and Thirty Seven only) to the respondentFinance Corporation on or before 31.03.2025.

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(iii) It is further directed that if the petitioners does not make the payments as stated supra, the present order shall stand automatically recalled without

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reference to Bench and without further orders and the impugned order passed by the Trial Court shall stand automatically revived and the respondents would be entitled to proceed further to implement and enforce the impugned order in accordance with law.

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BMC: List No.: 1 Sl No.: 24

Sajid and Anr. v. Bajaj Housing Finance Ltd.

Case brief

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Sajid and Anr. v. Bajaj Housing Finance Ltd.

Case brief

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