The High Court held that the petitioner should have approached the Debt Recovery Tribunal instead of filing a writ petition challenging a SARFAESI possession notice. The petition was disposed of without prejudice to legal contentions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:50506 WP No. 413 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 413 OF 2021 (GM-RES)
BETWEEN:
M/S. ANNAPOORNA SERVICES STATION REP. BY ITS PROPRIETOR SRI. DHANASHEKHAR M. S/O LATE MR. T.K. MUTHU AGED ABOUT 55 YEARS No.J-28, MYSURU MANGALURU HIGHWAY HINKAL, MYSURU
…PETITIONER
(BY SRI. SARAVANA S., ADVOCATE)
AND:
SME HEBBAL INDUSTRIAL AREA HEBBAL INDUSTRIAL AREA BRANCH MYSURU-570 012
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
BY ITS AUTHORISED OFFICER
#17, JAMSHEDJI TATA ROAD, MUMBAI-400 020 REP. BY CHAIRMAN CUM MANAGING DIRECTOR
…RESPONDENTS
(BY SRI. FRANCIS XAVIER, ADVOCATE FOR R1; SRI. R. ASHOK KUMAR, ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT OF CERTIORARI QUASH THE POSSESSION NOTICE DATED 01.01.2021 AT ANENXURE-C ISSUED BY THE RESPONDENT
NC: 2024:KHC:50506 WP No. 413 of 2021
No.1 BEARING No. SARFAESI ACCOUNT No.ABL/38256241705 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
ORAL JUDGMENT
Heard the learned counsel for the petitioner as well as the learned counsel for the respondents.
a) Issue a writ of certiorari quashing the possession notice dated 01.01.2021 produced at Annexure-C issued by the respondent No.1 bearing No.SARFAESI ACCOUNT No.ABL/38256241705.
b) Issue a writ of mandamus directing the respondent No.1 to consider the representation given by the petitioner on 02.01.2021 vide Annexure-E.
c) Such further and other reliefs as this Hon'ble Tribunal may consider fit and proper in the facts and circumstances of the case;
NC: 2024:KHC:50506 WP No. 413 of 2021
submits that the relief available to the petitioner is to approach the Debts Recovery Tribunals (for short "DRT"). It is submitted by the learned counsel appearing for the first respondent that the cheques issued by the petitioner have been dishonored and that amounts directed by this Court have also not been paid.
Sd/(ANU SIVARAMAN) JUDGE
RAK List No.: 1 Sl No.: 18
1 issue framed by the court
Whether the writ petition is maintainable when the alternative remedy before the Debt Recovery Tribunal is available.
1 provisions across 1 enactments
M/s. Annapoorna Services Station
State Bank of India
Hindusthan Petroleum Corporation Limited
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
