Disposed

Can Fin Homes Limited v. Inspector of Police Adn Station House Officer

Karnataka HC19 Dec 2024WP/34964/2024

Case brief

AI extract

What is this about?

A housing finance company sought police assistance to implement a Magistrate's order under Section 14 of the SARFAESI Act permitting it to take possession of mortgaged property. The High Court disposed of the petition directing police to extend protection within one week.

What did the court decide?

Respondent No.1 directed to extend police protection to petitioner to take possession of mortgaged property per order dated 3.9.2024 in Crl.Misc.Petn.No.4373/2018, within one week.

Can Fin Homes Limited Vs Inspector of Police Adn… — Banking and Recovery | Karnataka HC (2024)

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1 - NC: 2024:KHC:52780 WP No. 34964 of 2024

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

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 34964 OF 2024 (GM-POLICE)

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BETWEEN:

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CAN FIN HOMES LIMITED A NON-BANKING HOUSING FINANCE COMPANY, INCORPORATED UNDER COMPANIES ACT, 1956, REGULATED UNDER THE PROVISIONS OF THE NATIONAL HOUSING BANK ACT 1987, HAVING REGISTERED OFFICE AT NO.29/1, SIR M.N. KRISHNA RAO ROAD, LALBAGH WEST, BASAVANAGUDI, BANGALORE-560 004 REPRESENTED BY ITS AUTHORIZED OFFICER SRI SHIV V R THROUGH D. NARAYANA SWAMY, ADVOCATE-9945138186.

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…PETITIONER

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(BY SRI. D. NARAYANA SWAMY, ADVOCATE)

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AND:

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

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INSPECTOR OF POLICE AND STATION HOUSE OFFICER OFFICE OF THE INSPECTOR OF POLICE AND STATION HOUSE OFFICER, BASAVESHWARA NAGARA POLICE STATION, 8^TH A MAIN ROAD, WEST OF CHORD ROAD, 1^ST STAGE, BASAVESHWAR NAGAR, BENGALURU-560 079.

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ASSISTANT COMMISSIONER OF POLICE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, SERVICE ROAD, SBI STAFF COLONY, HOSHALLI EXTENSION, STAGE 1, VIJAYANAGAR, BENGALURU-560 040.

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NC: 2024:KHC:52780 WP No. 34964 of 2024

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DEPUTY COMMISSIONER OF POLICE OFFICE OF THE DEPUTY COMMISSIONER OF POLICE, UPPERPET/CHICKPET DIVISION, 13, TANK BUND ROAD, UPPARPETE, BENGALURU-560 053.

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COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE-WEST, OFFICE OF COMMISSIONER OF POLICE 2, ALI ASKER ROAD, VASANTH NAGAR, BENGALURU-560 001.

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DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE OFFICE OF THE DIRECTOR AND INSPECTOR OF POLICE, BENGALURU POLICE HEAD QUARTERS, NRUPATHUNGA ROAD, BESIDE RBI, NRUPATHUNGA ROAD, BENGALURU-560 001.

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ALL RESPONDENTS REPRESENTED BY GOVERNMENT ADVOCATE HIGH COURT PREMISES BENGALURU-560 001.

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…RESPONDENTS

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(BY SRI. K.P. YOGANNA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT POLICE TO RENDER NECESSARY ASSISTANCE / POLICE PROTECTION WITH MACHINERY / ARMED FORCE TO THE COURT COMMISSIONER AND AUTHORISED OFFICER OF THE PETITIONER WHILE TAKING PHYSICAL POSSESSION OR BREAKING OPEN OF LOCKS OF MORTGAGED PROPERTY IF REQUIRED AS PER ORDER DTD. 03.09.2024 PASSED IN CRL.MISC.PET.NO.4373/2018 BY LEARNED V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU VIDE ANNEXURE-C AND ETC.

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

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NC: 2024:KHC:52780 WP No. 34964 of 2024

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The learned Magistrate has passed an order in Crl.Misc.No.4373/2018 permitting the petitioner to take possession of the subject property under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security of Security Interest Act, 2002 on 3.9.2024. The learned Magistrate extended the period of two months for implementing the order under Section 14 of SARFAESI Act, 2002 with the assistance of police. The time granted to implement the order passed under Section 14 of the SARFAESI Act, 2002 was extended by this Court for a period of three months in WP No.34292/2024. The petitioner submitted a representation with the police to extend protection to take possession of the subject property.

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The grievance of the petitioner is that the said representation has not been considered.

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The learned Additional Government Advocate for the respondents on receiving instructions submits that the representation submitted by the petitioner will be considered in accordance with law.

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NC: 2024:KHC:52780 WP No. 34964 of 2024

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Therefore, it is expedient to dispose of the petition directing the respondent No.1 to extend protection to the petitioner to take possession of the mortgaged property following the order dated 3.9.2024 passed in Crl.Misc.Petn. No.4373/2018 by the learned V Additional Chief Metropolitan Magistrate, Bengaluru, within one week from the date of receiving certified copy of this order.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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bkm

Can Fin Homes Limited v. Inspector of Police Adn Station House Officer

Case brief

What is this about?

What did the court decide?

Can Fin Homes Limited v. Inspector of Police Adn Station House Officer

Case brief

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What did the court decide?

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