Rajiv a Bhansali v. Udaya Souhardha Credit Co. Operative Ltd.
Case brief
What is this about?
Karnataka High Court, Bengaluru - WP No. 27491 of 2025 (GM-RES), decided 10.09.2025, coram: B M Shyam Prasad J. Tenant-petitioners (Bhansali family) challenged the 06.08.2025 order of the XXXVII Additional Chief Judicial Magistrate, Bengaluru in Criminal Miscellaneous No. 2118/2025, arising from the first respondent credit co-operative's Section 14 SARFAESI Act, 2002 possession proceedings (an earlier order in those proceedings dated 05.08.2025). Petition disposed of: respondents directed to defer taking actual possession until 30.11.2025; liberty reserved to take possession on default or breach of undertaking; petitioners had categorically waived any Section 17(4A) SARFAESI remedy. Keywords: SARFAESI Section 14, tenant in possession, Article 226 limited intervention, time to vacate, medical grounds.
What did the court decide?
Deferral of taking actual possession of the subject property until 30.11.2025, with liberty reserved to the respondents to take possession upon any default by the petitioners or violation of their undertaking to the Court.