M/S Nirman Education Trust (Regd) Vs the Authorised Officer/

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1 - NC: 2025:KHC:19041 WP No. 14853 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 14853 OF 2025 (GM-RES)

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BETWEEN:

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M/S NIRMAN EDUCATION TRUST (REGD) NO. 1851, 5^TH MAIN, 12^TH CROSS, VIJAYANAGAR II STAGE, BENGALURU-560 040, REPRESENTED BY ITS TRUSTEE MOHAN KUMAR O.

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Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA

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SRI. MOHAN KUMAR O., AGED ABOUT 61 YEARS, S/O LATE. BHEEMANAIK ONKARAPPA, NO. 212, 2^ND MAIN, NAGARABHAVI 2^ND STAGE, BENGALURU - 560 072.

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M/S. L.V. INDUSTRIES, (REGISTERED UNDER MSME) NO. 73 AND 74, SRIGANDADA KAVAL, BEHIND KONAGA GARMENTS, BENGALURU - 560 091, REPRESENTED BY ITS PROPRIETRIX SMT. MALA KUMAR.

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SMT. MALA KUMAR, AGED ABOUT 55 YEARS, W/O. SRI. MOHAN KUMAR, NO. 212, 2^ND MAIN,

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2 - NC: 2025:KHC:19041 WP No. 14853 of 2025

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HC-KAR

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NAGARABHAVI 2^ND STAGE, BENGALURU - 560 072.

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… PETITIONERS

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(BY SRI. Y P GOKUL., ADVOCATE)

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AND:

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THE AUTHORISED OFFICER/ THE CHIEF MANAGER UNION BANK OF INDIA, ASSET RECOVERY BRANCH, NO. 1234, I FLOOR, 4^TH MAIN, OPP CHANDRA LAYOUT BUS STOP, BENGALURU - 560 040.

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… RESPONDENT

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(BY SRI. P. L. VIJAYA KUMAR., ADVOCATE)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) QUASH/SETASIDE EVICTION NOTICE DATED 19-3-2025 ISSUED BY THE RESPONDENT BANK (ANNEXURE A) AND ETC.

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THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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The present Petition has been filed seeking to set

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aside side the eviction notice at Annexure-'A' dated 19.03.2025 issued by the respondent Union Bank. Other

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reliefs have also been sought including to set aside the

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3 - NC: 2025:KHC:19041 WP No. 14853 of 2025

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HC-KAR

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order dated 27.02.2025 passed in Crl.Misc.No.649/2025

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by the Court of VI ACMM, Bengaluru.

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The petitioners have also sought the respondent Bank to consider the representation dated 09.05.2025 and grant One Time Settlement (OTS).

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It is noticed that the substantive remedy

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available for the petitioner would be under Section 17 of the SARFAESI Act insofar as impugned orders are concerned.

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The Apex Court has repeatedly held that the

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statutory scheme requires to be honoured and the Courts ought not to intervene with the proceedings.

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Though various factual contentions have been raised, it would be appropriate to close the present proceedings by reserving liberty to the petitioners to workout the substantive remedy before the appropriate forum, keeping all the contentions open.

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4 - NC: 2025:KHC:19041 WP No. 14853 of 2025

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HC-KAR

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It is noticed that this Court has granted an

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interim order on 20.05.2025 and has protected the possession of petitioners. No doubt, equities are raised, however, all contentions are to be raised before the appropriate Authority. All contentions of petitioner as against the impugned orders are kept open.

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The possession of petitioners is not to be interfered with for a period of two weeks from today. Petitioners are at liberty to take recourse to substantive statutory remedy as regards impugned orders as is permissible in law.

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Accordingly, the petition is disposed off .

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Sd/(S SUNIL DUTT YADAV) JUDGE

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VGR

M/S Nirman Education Trust (Regd) v. the Authorised Officer/

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M/S Nirman Education Trust (Regd) v. the Authorised Officer/

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