Writ petition sought quashing of a SARFAESI Act demand notice issued by Equitas Small Finance Bank. The respondent bank submitted that the petitioner had not complied with the interim order, and the High Court dismissed the petition as not maintainable, leaving the petitioner free to approach the Debt Recovery Tribunal.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 20518 OF 2024 (GM-RES)
BETWEEN:
SRI. N.S. RAVI KUMAR, S/O N.T. SATHYANARAYANA RAO, AGED ABOUT 49 YEARS, R/O 3RD CROSS, BANASHANKARI STREET, NIDIGE, SHIVAMOGGA – 577 222.
…PETITIONER
(BY SRI. SAMEER S N., ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
EQUITAS SMALL FINANCE BANK LIMITED, (PREVIOUS KNOWN AS EQUITAS FINANCE LIMITED), 4TH FLOOR, PHASE II, SPENCER PLAZA, NO.769, MOUNT ROAD, ANNA SALAI, CHENNAI – 600 002. REPRESENTED BY AUTHORISED OFFICER.
…RESPONDENT
(BY SMT.SANGEETHA GOWDA, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE - A THE DEMAND NOTICE DATED 29.04.2024 BEARING NO. SBM/4/APR/2024/CHITRADURGA(30) UNDER SECTION 13 (2) OF THE SARFAESI ACT, 2002 ISSUED BY THE RESPONDENT-EQUITAS
NC: 2024:KHC:39086 WP No. 20518 of 2024
SMALL FINANCE BANK SO FAR AS PETITIONER CONCERNED AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
Learned counsel for the respondent-Bank submits that the interim order has been not complied with.
Therefore, the petition stands dismissed an not maintainable reserving liberty to the petitioner to approach the Debt Recovery Tribunal under Section 14 of the SARFAESI Act.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
RKA List No.: 1 Sl No.: 50
1 issue framed by the court
Whether the writ petition seeking quashing of the SARFAESI demand notice could be maintained given non-compliance with the interim order.
2 provisions across 2 enactments
Sri N.S. Ravi Kumar
Equitas Small Finance Bank Limited
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
