Allowed

The Bangalore City Co. Operative Bank Ltd. v. the Circle Inspector of Police

Karnataka HC19 Dec 2024WP/34570/2024

Case brief

AI extract

What is this about?

This writ petition challenges the failure of the Circle Inspector of Police to assist the petitioner bank in taking physical possession of mortgaged property. The court directed the police to provide protection within one week to facilitate execution of an earlier court order.

What did the court decide?

Direction issued to Respondent No. 1 to extend police protection to the petitioner for taking physical possession of mortgaged property.

The Bangalore City Co. Operative Bank Ltd. Vs the… — Banking and Recovery | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:52624 WP No. 34570 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF DECEMBER, 2024 BEFORE

¶4

THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 34570 OF 2024 (GM-RES)

¶5

BETWEEN:

¶6

THE BANGALORE CITY CO-OPERATIVE BANK LTD., NO.3, 1^ST FLOOR, PAMPAMAHAKAVI ROAD, CHAMARAJPET, BANGALORE-560018. REPRESENTED BY ITS AUTHORIZED SIGNATORY/DIRECTOR MR. APPAJAIAH C.N. S/O NARASAGOWDA REGISTRATION UNDER ORDER 1907.

¶7

…PETITIONER

¶8

(BY SRI. LOKESH K. V., ADV.)

¶9

AND:

¶10

Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

¶11

THE CIRCLE INSPECTOR OF POLICE CHANDRA LAYOUT POLICE STATION BENGALURU-560072.

¶12

SMT/SRI. SUDHA S AGED ABOUT 45 YEARS, NO.814, 4^TH MAIN ROAD, BEHIND ANJANEYA TEMPLE, GANGONDANAHALLI, BANGALORE-56003.

¶13

…RESPONDENTS

¶14

(BY SRI. NAVEEN CHANDRASHEKAR, AGA FOR R1.)

¶15

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO R-1

¶16

¶17

NC: 2024:KHC:52624 WP No. 34570 of 2024

¶18

TO GIVE NECESSARY ASSISTANCE TO THE PETITIONER TO EXECUTE THE ORDER PASSED BY HON'BLE 8^TH ADDL. CHIEF METROPOLITAN MAGISTRATE, AT BANGALORE IN CRL. MISC. 5727/2024 DTD 28.11.2024 VIDE ANNX-A.

¶19

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

¶20

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

¶21

ORAL ORDER

¶22

The petitioner, a Co-operative Bank, obtained an order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the “SARFAESI Act”) from the jurisdictional Magistrate to take physical possession of the mortgaged property from Respondent No.2, who has defaulted in the repayment of the loan amount.

¶23

The petitioner’s grievance is that, despite the order passed by the learned Magistrate, Respondent No.1 has not extended the necessary protection to facilitate the taking of physical possession of the mortgaged property. The petitioner asserts that police assistance is essential to enforce the order, as Respondent No.2, the owner of the property, is resisting the petitioner’s efforts to take possession of the mortgaged property.

¶24

Under these circumstances, the petitioner has established a prima facie case for the extension of police

¶25

¶26

NC: 2024:KHC:52624 WP No. 34570 of 2024

¶27

assistance. Therefore, the petition is disposed of with a direction to Respondent No.1 to extend police protection to the petitioner for taking physical possession of the mortgaged property in compliance with the order dated 28.11.2024, passed by the XLVI Additional Chief Metropolitan Magistrate, Bengaluru, in Criminal Miscellaneous No.5727/2024.

¶28

The respondent shall implement this direction within a period of one week from the date of receipt of a certified copy of this order.

¶29

Sd/(HEMANT CHANDANGOUDAR) JUDGE

¶30

GVP List No.: 1 Sl No.: 22

The Bangalore City Co. Operative Bank Ltd. v. the Circle Inspector of Police

Case brief

What is this about?

What did the court decide?

The Bangalore City Co. Operative Bank Ltd. v. the Circle Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri Neelakantachar @ Shankar Vs State of Karnataka

Sri T Varada Raja Vs State of Karnataka

Khaleel Ahamed Vs the Karnataka State Board of Wakfs

M/S a N Traders Vs the State of Karnataka

Sri Thyagaraj B Vs Senior Sub Registrar

Can Fin Homes Limited Vs Inspector of Police Adn Station House Officer