M N Subramanya Swamy v. Shanmuga Swamy M N
Case brief
What is this about?
Karnataka High Court, Bengaluru (NC: 2025:KHC:26456), WP No. 682 of 2019 (GM-RES), decided 15-07-2025 by Justice Suraj Govindaraj. Petitioner M.N. Subramanya Swamy sought certiorari to quash the order dated 28.06.2018 in No.M.A.G (3) Mis.120/2018 (Annexure-A) stated to have been passed by respondent No.8 (Kankyaparameshwari Co-operative Bank Ltd.) under Section 14(1) of the SARFAESI Act, 2002. The Court disposed of the petition on the ground of an alternative and efficacious remedy under Section 17 of the SARFAESI Act, reserving liberty, and granted the benefit of Section 14 of the Limitation Act, 1963 for time spent prosecuting the case. Keywords: SARFAESI Act Section 14(1); Section 17 alternative remedy; writ of certiorari; Section 14 Limitation Act 1963; co-operative bank; Mysore; GM-RES.
What did the court decide?
Liberty reserved to the petitioner to pursue the alternative and efficacious remedy under Section 17 of the SARFAESI Act; petitioner entitled to the benefit of Section 14 of the Limitation Act, 1963 for the time spent in prosecuting the above case.