Dismissed¶30

M/S Aksha Properties Pvt. Ltd. v. Authorised Officer/Cheif Manager

Karnataka HC10 Feb 2025WP/5984/2020

Case brief

AI extract

What is this about?

Aksha Properties Pvt Ltd and others v. Authorised Officer/Chief Manager, Syndicate Bank, Rajajinagar Main Branch; WP No. 5984 of 2020 (GM-DRT); High Court of Karnataka; Justice Jyoti Mulimani; decision dated 10.02.2025; writ petition against DRT-I Bengaluru order dated 10.03.2020 dismissing S.A.No.139/2018 as infructuous; dismissed for want of merits; alternate remedy under Section 18 SARFAESI Act before DRAT, Chennai.

What did the court decide?

As against the Tribunal's order dated 10.03.2020 dismissing S.A.No.139/2018 as infructuous, an alternate remedy is available under Section 18 of the SARFAESI Act before the DRAT, Chennai. ¶28

M/S Aksha Properties Pvt. Ltd. Vs Authorised… — Banking and Recovery | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:5795 WP No. 5984 of 2020

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 10^TH DAY OF FEBRUARY, 2025

¶5

BEFORE

¶6

THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 5984 OF 2020 (GM-DRT)

¶7

BETWEEN:

¶8

M/S. AKSHA PROPERTIES PVT LTD., REP.BY ITS DIRECTOR, SRI. B.K.SHIVANANDA, NO.214, 'ATHMIYA', 2^ND MAIN, TEACHERS LAYOUT, 1^ST STAGE, NAGARABHAVI, BENGALURU-560 072.

¶9

SRI. B.K.SHIVANANDA SON OF LATE KRISHNPPA GOWDA, AGED ABOUT 50 YEARS, NO.214, 'ATHMIYA', 2^ND MAIN, TEACHERS LAYOUT, PT STAGE, NAGARABHAVI, BENGALURU-560 072.

¶10

SMT. SHILPA SHIVANANDA W/O B.K.SHIVANANDA, Digitally signed by PREMCHANDRA AGED ABOUT 41 YEARS, M R NO.214, 'ATHMIYA', 2^ND MAIN, Location: High TEACHERS LAYOUT, PT STAGE, Court of Karnataka NAGARABHAVI, BENGALURU-560 072.

¶11

…PETITIONERS (BY SMT. SONU.S., ADVOCATE FOR SRI. RAJASHEKAR., ADVOCATE)

¶12

AND:

¶13

AUTHORISED OFFICER/CHIEF MANAGER, SYNDICATE BANK, RAJAJINAGAR MAIN BRANCH, NO.693, RAMAMANDIRA ROAD,

¶14

¶15

NC: 2025:KHC:5795 WP No. 5984 of 2020

¶16

3^RD BLOCK, RAJAJINAGAR, BANGALORE-560 010.

¶17

…RESPONDENT

¶18

(BY SRI. VIGNESH SHETTY., ADVOCATE FOR C/R)

¶19

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

¶20

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

¶21

ORAL ORDER

¶22

Smt.Sonu.S., counsel on behalf of Sri.Rajashekar.S., for the petitioners and Sri.Vignesh Shetty., counsel for the respondent have appeared in person.

¶23

The order dated:10.03.2020 passed by the Debts Recovery Tribunal-I, Bengaluru is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition.

¶24