Petitioners challenged a Chief Metropolitan Magistrate order passed on a bank's application. The court declined to decide merits, noting an equally efficacious alternative remedy under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal, and disposed of the petition with liberty to approach the DRT.
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NC: 2024:KHC:23029 WP No. 2067 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2067 OF 2023 (GM-RES)
BETWEEN:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
PETITIONERS NO.2 AND 3 ARE R/AT NO.193, SHARADA SADANA 1ST CROSS, CASHIER LAYOUT TAVAREKERE, BTM I STAGE BENGALURU - 560 029.
…PETITIONERS
(BY SRI. GIRISHA .T.R, ADVOCATE)
AND:
PUNJAB NATIONAL BANK HO: SASTRA DEPARTMENT OFFICE: BENGALURU EAST RAHEJA TOWERS I FLOOR NO. 26, 27, M.G. ROAD
NC: 2024:KHC:23029 WP No. 2067 of 2023
BENGALURU – 560 001.
REP BY ITS CHIEF MANAGER / AUTHORISED OFFICER
…RESPONDENT
(BY SRI. VIGNESH S. SHETTY, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09.01.23 PASSED IN CRL.MISC.NO.6156/2022 BY THE XXXII ADDL. CMM, BENGALURU , A COPY OF WHICH IS PRODUCED AT ANNEXURE-E.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioner seeks the following reliefs:
“1. Issue a writ of certiorari or any other writ or direction quashing Order dated 09.01.2023 passed in Crl. Misc. No.6156/2022 by the XXXII Addl. CMM, Bengaluru, a copy of which is produced at Annexure-E in the ends of justice.
2. Issue any other writ or direction as this Hon’ble Court may deem fit in the facts and circumstances of the case.”
sides in support of their respective case, having regard to the availability of equally efficacious and alternative remedy by way of an appeal/application under Section 17 of the SARFAESI Act, 2002 before the Debt Recovery Tribunal, without expressing any opinion on merits/demerits of their respective contentions, I deem it just and appropriate to dispose of this petition reserving liberty in favour
of the petitioner to approach the Debt Recovery Tribunal by filing
an application/appeal in accordance with law.
in favour of the petitioner, the petition stands disposed of.
All rival contentions, on all aspects of the matter are kept
open and no opinion is expressed on the same.
Sd/JUDGE
ALB List No.: 1 Sl No.: 44
1 issue framed by the court
Whether the writ petition challenging the CMM's order under the SARFAESI Act should be quashed or whether the petitioner should be relegated to the DRT remedy.
2 provisions across 2 enactments
M/s Aware Safety Teckniques
Smt. Ramya Prashanth
Smt. Rajalakshmi
Punjab National Bank
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
