Disposed

Vinay Raj H P v. M/S Bajaj Housing Finance Ltd.

Karnataka HC10 Jun 2024WP/5667/2024

Case brief

AI extract

What is this about?

Borrowers challenged a CJM order under Section 14(1) SARFAESI Act as passed without jurisdiction. Counsel sought disposal with liberty to appeal to the DRT; the Court disposed of the petition, reserving liberty to file a Section 17 appeal within six weeks, with the interim order continuing meanwhile.

What did the court decide?

Liberty to file Section 17 SARFAESI appeal before DRT within six weeks; interim order dated 05.03.2024 to continue during that period.

Vinay Raj H P Vs M/S Bajaj Housing Finance Ltd. — Banking and Recovery | Karnataka HC (2024)

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NC: 2024:KHC:20116 WP No. 5667 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 5667 OF 2024 (GM-RES)

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BETWEEN:

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VINAY RAJ H P S/O LATE PANIRAJ SHETTY AGED ABOUT 39 YEARS

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MRS SUSHMA W/O VINAY RAJ H P AGED ABOUT 29 YEARS

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BOTH ARE R/A 521, S2, RAHEJA TEACHERS APARTMENT SECTOR-31, GURGAON-122 001.

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…PETITIONERS

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(BY SMT. SOWMYA C.N., ADVOCATE)

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AND:

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Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA

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M/S BAJAJ HOUSING FINANCE LTD REGISTERED HEAD OFFICE AT 5^TH FLOOR, CEREBRUM IT PARK-B2 BUILDING KALYANI NAGAR, PUNE-411014 BRANCH OFFICE AT 1^ST FLOOR, J K TOWERS, 719/A-53-2, 46^TH CROSS SANGAM CIRCLE , JAYANAGAR 8^TH BLOCK BANGALORE-560 082.

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(BY SRI. SURESH V.,ADVOCATE)

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…RESPONDENT

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE ILLEGAL ORDERS DATED 22/11/2023, ANNEXURE-D, PASSED BY THE HONBLE CJM, WITHOUT JURISDICTION, AUTHORITY AND POWER UNDER THE MANDATORY PROVISION LISTED UNDER SEC. 14(1) OF AFFIDAVIT CLAUSES (i) TO (ix), WITHOUT PURSUING, VERIFYING THE CONTENTS OF THE AFFIDAVIT, IS UNSUSTAINABLE IN THE EYE OF LAW AND AS SUCH IT SHOULD BE TREATED AS A NULLITY, IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND THE GROUNDS LISTED IN THE APPEAL, AS THE ORDERS ARE PASSED AFTER VERIFYING THE DOCUMENTS FILED IN SUPPORT OF THE CASE AND ETC.

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NC: 2024:KHC:20116 WP No. 5667 of 2024

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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 petitioners seek the following reliefs:

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“a) To set aside illegal orders dated 22.11.2023, AnnexureD, passed by the Hon’ble CJM, without jurisdiction, authority and power under the mandatory provision listed under Sec.14(1) of affidavit clauses (i) to (ix), without pursuing, verifying the contents of the affidavit, is unsustainable in the ye of law and as such it should be treated as a nullity, in the facts and circumstances of the case and the grounds listed in the appeal, as the orders are passed after verifying the documents filed in support of the case.

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b) To pass necessary orders to serve notice to the borrowers on the petition and affidavit filed by the Banks/financial institutions and petition under 14(1) may be decided after hearing both the parties upholding the right to property as enshrined under Art 300-A of the Constitution of India, which clearly bars dispossession of any person from his property without due process of law.

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c) To pass such other orders as this Hon’ble High Court deems fit to grant in the facts and circumstances of the case.”

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After arguing the matter for sometime, learned counsel

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for the petitioners submits that the present petition may be disposed of reserving liberty in favour of the petitioners to file an

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3 - NC: 2024:KHC:20116 WP No. 5667 of 2024

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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”) and continue the interim order for a period of six weeks so as to enable the petitioners to file an appeal.

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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 petitioners 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 interim order dated 05.03.2024 passed by this Court would continue to remain in force and operate between the parties for the aforesaid six weeks and also the petitioners 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

Vinay Raj H P v. M/S Bajaj Housing Finance Ltd.

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Vinay Raj H P v. M/S Bajaj Housing Finance Ltd.

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