Disposed

Smt. Vijayalakshmi. H. a. v. the Bengaluru City Co. Op Bank Ltd.

Karnataka HC12 Jun 2024WP/3904/2024

Case brief

AI extract

What is this about?

The writ petition was disposed of with liberty reserved for the petitioner to file an appeal under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal within six weeks. The court held that if such an appeal is preferred within the stipulated time, the petitioner would be entitled to the benefits of Section 14 of the Limitation Act.

What did the court decide?

Liberty reserved to file appeal under Section 17 of SARFAESI Act before DRT within six weeks.

Smt. Vijayalakshmi. H. a. Vs the Bengaluru City Co. Op… — Money Laundering | Karnataka HC (2024)

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1 - NC: 2024:KHC:20862 WP No. 3904 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 3904 OF 2024 (GM-RES)

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BETWEEN:

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SMT. VIJAYALAKSHMI H. A. W/O. SRI. AMARNATH H. R., AGED ABOUT 56 YEARS R/AT NO. 1005, 13^TH CROSS, BANASHANKARI 2^ND STAGE, BENGALURU – 560 070.

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…PETITIONER

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(BY SRI. RAJANEESH C M, ADVOCATE)

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AND:

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Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

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THE BENGALURU CITY CO OP. BANK LTD., CONSTITUTED UNDER KARNATAKA STATE COOPERATIVE SOCIETIES ACT, 1959, ADMINISTRATIVE OFFICE NO. 3, PAMPA MAHAKAVI ROAD, CHAMARAJAPET, BENGALURU - 560 018, PH NO. 26678572, 26600512, 26609066 EMAIL: [email protected] REPRESENTED BY ITS AUTHORIZED OFFICER.

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SMT. SHEELA. M W/O. GURUPRASAD. R. K., AGED ABOUT 48 YEARS, R/AT NO. 26/1, 2^ND FLOOR, SRI HARI MANSION, DVG ROAD, BASAVANAGUDI, BENGALURU – 560 004.

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…RESPONDENTS

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(BY SRI. LOKESH K V, ADVOCATE FOR R1; SRI. G R MOHAN, ADVOCATE FOR R2)

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NC: 2024:KHC:20862 WP No. 3904 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT ALL ACTIONS TAKEN BY THE R1 U/SEC. 13(4) OF THE ACT AS ABINITIO VOID AND ILLEGAL AND QUASH THE SALE CERTIFICATE DATED 07/10/2023 ISSUED BY THE R1 - THE AUTHORIZED OFFICER, BANGALORE CITY CO-OP. BANK LTD., ADMINISTRATIVE OFFICE PAMPA MAHAKAVI ROAD, CHAMRAJAPET, BENGALURU - 560018, VIDE ANNEXURE-E AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this petition, the petitioner seeks the following reliefs:

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“a) Declaring that all actions taken by the Respondent No.1 U/Sec.13(4) of the Act as ab-initio void and illegal.

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b) Issue writ of Certiorari to quash the Sale Certificate dated

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07.10.2023 issued by the Respondent No.1 – The Authorised Officer, Bangalore City Co-op. Bank Ltd. Administrative Office: Pampa Mahakavi Road, Chamarajpet, Bengaluru-560 018, vide Annexure-E.

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c) Direct the Respondent to intimate the Petitioner, the arrears of loan installments, if any payable by them and on such payment, direct the Respondent to regularise the loan account.

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d) Pass such other appropriate order this Hon’ble Court deems fit in the case.”

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Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

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After arguing the matter for sometime, learned counsel for the petitioner submits that the present petition may be disposed

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3 - NC: 2024:KHC:20862 WP No. 3904 of 2024

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of reserving liberty in favour of the petitioner to file an appeal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, the SARFAESI Act’) before the Debt Recovery Tribunal (for short “the DRT”).

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The aforesaid submission is placed on record.

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In view of the aforesaid submission, the petition is disposed of reserving liberty in favour of the petitioner to file an appeal under Section 17 of the SARFAESI Act before the DRT within six weeks from today. If such an appeal is preferred within six weeks as stated supra, the petitioner would be entitled to Section 14 of the Limitation Act.

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With the aforesaid observations and directions, the writ

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petition stands disposed of.

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Sd/JUDGE

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BMC

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List No.: 1 Sl No.: 15

Smt. Vijayalakshmi. H. a. v. the Bengaluru City Co. Op Bank Ltd.

Case brief

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Smt. Vijayalakshmi. H. a. v. the Bengaluru City Co. Op Bank Ltd.

Case brief

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