Petitioners sought certiorari to quash a magistrate's order in C.Misc. 50395/2019. On their counsel's submission, the petition was disposed of reserving liberty to file an appeal under Section 17 SARFAESI Act before DRT within three weeks, with interim protection and Section 14 Limitation benefit.
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NC: 2024:KHC:27088 WP No. 841 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 841 OF 2024 (GM-RES)
BETWEEN:
…PETITIONERS
(BY SRI. K S PONNAPPA, ADVOCATE)
AND:
Digitally signed by Vandana S Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:27088 WP No. 841 of 2024
NC: 2024:KHC:27088 WP No. 841 of 2024
MANJUNATHA NAGAR, KALKERE VILLAGE, BANGALORE – 560 043.
…RESPONDENTS
(BY SRI. LOKESH K V, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 SND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20/12/2023 PASSED BY THE X. ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYO HALL, BENGALURU IN C. MISC. 50395 OF 2019 AT ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioners seek the following reliefs:
“A) Issue writ of certiorari and consequently quash the order dated 20.12.2023 passed by the X Additional Chief Metropolitan Magistrate, mayo hall, Bengaluru in C.Misc. 50395 of 2019 at Annexure-A;
b) Pass such other order or directions as this Hon’ble Court deems proper and fit in the interest of justice and equity.”
2. Heard learned counsel for the petitioners and learned counsel for the respondents and perused the material on record.
for the petitioners submits that the present petition may be disposed of reserving liberty in favour of the petitioners to file an
NC: 2024:KHC:27088 WP No. 841 of 2024
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 three weeks so as to enable the petitioners to file an appeal.
disposed of reserving liberty in favour of the petitioners to file an appeal under Section 17 of the SARFAESI Act before the DRT within three weeks from today. If such an appeal is preferred within six weeks as stated supra, the interim order passed by this Court would continue to remain in force and operate between the parties for the aforesaid three weeks and also the petitioners would be entitled to the benefit of Section 14 of the Limitation Act.
petition stands disposed of.
BMC: List No.: 1
Sd/JUDGE
1 issue framed by the court
Should the order dated 20.12.2023 in C.Misc. 50395/2019 be quashed by writ of certiorari?
3 provisions across 3 enactments
Mohan K. Nanaiah
Mamatha Mohan
Aditya Birla Finance Limited
Spot Free Solution Pvt. Ltd.
Spotfree Solutions
Apple Blossom Beauty Academy
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As recorded by the court registry
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