Dismissed

Mr Narendra Kumar Mohta v. Export -Import Bank of India

Karnataka HC11 Jun 2024WP/6107/2017

Case brief

AI extract

What is this about?

Writ petition seeking return of agricultural land title deeds filed under Articles 226 and 227. Court held the matter involves disputed security and loan recovery pending before DRT and DRAT, so it cannot direct return of documents at this stage. Petition disposed of.

What did the court decide?

Court directed that the petition stands disposed of as it cannot direct return of title deeds pending DRT and DRAT proceedings.

Mr Narendra Kumar Mohta Vs Export -Import Bank of… — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:20616 WP No. 6107 of 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6107 OF 2017 (GM-RES)

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BETWEEN:

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MR NARENDRA KUMAR MOHTA S/O RAMRATAN MOHTA, AGED ABOUT 61 YEARS, RESIDING AT NO.D-202 MANTRI GREENS NO.1 SAMPIGE ROAD, MALLESHWARAM, BANGALORE-560 003

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…PETITIONER

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(BY SRI.MILIND DANGE., 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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EXPORT -IMPORT BANK OF INDIA RAMANASHREE ARCADE, 4TH FLOOR, 18, M.G.ROAD, BENGALURU-560 001

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REPRESENTED BY ITS CHIEF MANAGER

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EDELWEISS ASSET RECONSTRUCTION COMPANY LTD., (PRESENT ASSIGNEE OF LOAN) EDELWEISS HOUSE, 15TH FLOOR, OFF CST ROAD, KALINA, MUMBAI-400098

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NC: 2024:KHC:20616 WP No. 6107 of 2017

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REPRESENTED BY ITS AUTHORISED SIGNATORY

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…RESPONDENTS

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(BY SMT. SOHANI HOLLA, ADV FOR R1 AND SRI. CHINTAN CHINNAPPA ADV FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS; DIRECT THE R-1 & 2 TO RETURN THE ORIGINAL LAND DOCUMENTS (ANNEX-A& B) TO THE PETITIONER, PERTAINING TO ITEM NO.1 & 2 OF SCHEDULE MENTIONED PROPERTIES.

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

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ORDER

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The petitioner asserts to be the owner of the agricultural land bearing Sy No.115 situated at Gokhare Village, Kasaba Hobli, Devanahalli Taluk, Bangalore District measuring 6 acres 4 guntas and Sy.No.25/4 measuring 4 acres 34 guntas, situated at Sowthegowdana Village, Kasaba Hobli, Devanahalli Taluk, Bangalore District. The said agricultural land was offered as security towards the repayment of the land in favour of respondent No.1 without the consent of the petitioner. The borrower having failed to pay the loan amount, proceedings were initiated under the SARFAESI Act, 2002 (for short 'the Act') and possession notice was issued under Section 13(4) of the Act, which came to be challenged by the petitioner before the Debt Recovery Tribunal, Bengaluru in S.A.No.10100/2024 and the same is pending

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NC: 2024:KHC:20616 WP No. 6107 of 2017

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consideration. The borrower was declared as non performing asset and the assets of the borrower was transferred to respondent No.2 by way of assignment deed dated 08.01.2014.

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Respondent No.2 is pursuing the matter with regard to recovery of the loan before the DRT in O.A.No.326/2002 which was allowed on 31.03.2023, against which the petitioner has filed an appeal before the Debt Recovery Appellate Tribunal, Chennai and the same is pending consideration.

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Whether the agricultural property belonging to the petitioner could have been offered as security towards the repayment of the loan or whether the property was offered as security without the consent of the petitioner is the matter which can be adjudicated only in the pending proceedings before the Debt Recovery Tribunal, Bengaluru and Debt Recovery Appellate Tribunal, Chennai and therefore, this Court at this stage, cannot direct the respondent to return the original title deed of the agricultural property in question.

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With these observations, petition stands disposed of.

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Sd/JUDGE

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RKA

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List No.: 1 Sl No.: 18

Mr Narendra Kumar Mohta v. Export -Import Bank of India

Case brief

What is this about?

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Mr Narendra Kumar Mohta v. Export -Import Bank of India

Case brief

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