A tenant under the mortgagor-borrower sought protection from dispossession by the bank after default on credit facilities. The court held he had remedy under Section 17 of the SARFAESI Act and dismissed the writ petition as not maintainable.
None; writ petition dismissed as not maintainable.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K V ARAVIND WRIT PETITION NO.38774 OF 2015 (GM-RES)
BETWEEN:
…PETITIONER
(BY SMT. ANNAPOORNA S, ADVOCATE)
AND:
Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka
…RESPONDENTS
(BY SRI V.B. RAVISHANKAR, ADVOCATE FOR R1;
PETITION AGAINST R2 IS DISMISSED VIDE ORDER DATED 21.08.2023)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE 1ST RESPONDENT NOT TO DISPOSSESS THE PETITIONER WITHOUT FOLLOWING THE DUE PROCESS OF LAW AS ENVISAGED UNDER SECTION 106 OF THE TRANSFER OF PROPERTY ACT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
The petitioner claiming to be a tenant under respondent No.2 is challenging the proceedings initiated by respondent No.1-Bank. Respondent No.1-Bank has extended credit facilities to respondent No.2. Respondent No.2 has committed default. The respondent No.1 has initiated proceedings in accordance with law.
Accordingly, petition is dismissed as not
maintainable.
Sd/- (K V ARAVIND) JUDGE
CR / List No.: 1 Sl No.: 12
1 issue framed by the court
Whether a tenant facing dispossession in bank recovery proceedings should be directed to SARFAESI remedies rather than a writ petition.
3 provisions across 3 enactments
Govindraju s/o Madappa
Corporation Bank
Prasad D s/o Devdas M
K V Aravind
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
