Petitioner sought quashing of bank's SARFAESI orders and vacation notice and loan regularisation. Court declined to adjudicate merits, noting appeal remedy under Section 17 SARFAESI Act, disposed petition with liberty to approach DRT, Section 14 Limitation benefit if filed within six weeks.
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NC: 2024:KHC:22402 WP No. 2496 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 2496 OF 2022 (GM-RES)
BETWEEN:
MR INAYATH ULLA S/O SRI. ABDUL RAUF AGED ABOUT 56 YEARS FLAT NO. A-001 DOOR NO. 260/30 COMFORT HOME 10TH CROSS WILSON GARDEN BENGALURU - 560 027 PAN NO. AATPI6943H.
…PETITIONER
(BY SMT. RADHIKA K, ADV., FOR SMT. KAVITHA D, ADV.) AND:
Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA
M/S VYSYA CO OPERATIVE BANK LTD VIVEKANANDA ROAD BRANCH TUMKUR - 572 101 A OFFICE, DR. SRISRI. SHIVAKUMARASWAMIJI CIRCLE, B.H. ROD, TUMAKURU - 572 102 IFSC CODE HDFC00000009 REPRESENTED BY ITS AUTHORIZED OFFICER.
…RESPONDENT
(RESPONDENT IS SERVED BUT UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE HONBLE COURT OF THE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURI TO QUASH THE ORDERS
NC: 2024:KHC:22402 WP No. 2496 of 2022
DTD.20.10.2018 VIDE ANNEXURE-E AND VACATING NOTICE DTD.24.1.2022 VIDE ANNEXURE-G AGAINST THE SCHEDULE PROPERTY TOT HE PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In the present petition, the petitioner seeks the following
reliefs:-
"a) Issue a writ in the nature of certiorari directing the Hon'ble Court of the VI Addl. Chief Metropolitan Magistrate, Bengaluru to quash the Orders dated 20.10.2018 vide Anneuxre-F and vacating Notice dated 24.01.2022 vide Annexure-G against the Schedule Property to the Petitioner.
b) Issue a writ in the nature of Mandamus directing the Respondent not to take any further action against the scheduled property and set aside the vacation notice dated 24.01.2022 vide Annexure-G issued by the Respondent Bank and to give direction to the respondent bank regularize the loan account of petitioner.
c) Issue such other order or direction as may be deemed fit to grant in the circumstances of the case".
and perused the material on record.
efficacious and alternative remedy by way of appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, without expressing any opinion on merits/demerits of the rival contentions, I deem it just and proper to dispose of this petition reserving liberty in favour of the petitioner to approach the jurisdictional Debt Recovery Tribunal under Section 17 of the SARFAESI Act. It is further directed that in the event, the petitioner filed such an appeal within six weeks from today, the petitioner would to be entitled to the benefit of Section 14 of the Limitation Act, 1963. It is also directed that in the event, the petitioner has complied with the interim order dated 08.02.2022 passed by this Court in the present petition, the direction issued by this Court in the said interim order would enure to the benefit of the petitioner for a period of six weeks from today.
Subject to aforesaid directions and reserving liberty in favour of the petitioner, the petition stands disposed of .
Sd/JUDGE
NMS
1 issue framed by the court
Whether the writ petition should be disposed of in view of the efficacious alternative remedy under Section 17 SARFAESI Act before the Debt Recovery Tribunal.
3 provisions across 3 enactments
Inayath Ulla
M/s Vysya Co Operative Bank Ltd
S.R.Krishna Kumar
As recorded by the court registry
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