Mr. Iqbal Ahamed Ibrahim v. Authorized Officer
Case brief
What is this about?
WP No. 13686 of 2025 (GM-RES), High Court of Karnataka at Bengaluru, decided 09.06.2025 by S Sunil Dutt Yadav J. Borrower's writ petition against SARFAESI possession notice dated 07.04.2025 of Authorized Officer, Mahalakshmi City Co-operative Bank Ltd (Surathkal Branch, Udupi) disposed of without adjudication; writ entertainment declined in favour of statutory remedy under SARFAESI Act; petitioner to pay 20% of outstanding within 4 weeks; 4-week restraint on precipitative action; contentions kept open. Keywords: SARFAESI Act, possession notice, authorized officer, co-operative bank, Articles 226/227, writ versus statutory remedy, GM-RES.
What did the court decide?
Respondent not to take any further precipitative action for 4 weeks; all contentions of the petitioner kept open; liberty reserved to take appropriate action against the impugned action under the procedure prescribed by the SARFAESI Act.