Dr. Venkatesh S v. M/S. Vasundhara Builders
Case brief
What is this about?
Karnataka High Court, Bengaluru; WP No. 2409 of 2016 (GM-RES); decided 18 March 2025; Justice Suraj Govindaraj. Keywords: SARFAESI Act Section 13(4) possession/sale notice quashing; writ of certiorari under Article 226; alternative and efficacious remedy; petition disposed at preliminary hearing; benefit of Section 14 Limitation Act for time spent in writ proceedings; contentions left open; borrowers/flat purchasers v. Vasundhara Builders and Authorised Officer Syndicate Bank; Indian Express publication dated 22.12.2015 (Annexure-B); no cases cited; no monetary decree. Useful for advocacy on forum choice: writ entertained only to be disposed where statutory remedy under SARFAESI available, with limitation-time protection under S.14 Limitation Act.
What did the court decide?
Writ petition disposed of at the preliminary hearing itself on the ground of availability of an alternative and efficacious remedy; liberty reserved to the petitioners to pursue that remedy; petitioners entitled to the benefit of Section 14 of the Limitation Act for the time spent in prosecuting this matter; all contentions left open.