Sri Devaraj P Vs M/S the Karnataka State Co. Operative Apex Bank Ltd.

CO-OPERATIVE APEX BANK LTD REP. BY ITS AUTHORIZED OFFICER/MANAGER SMT. JAYALAKSHMI H.R DAUGHTER OF SRI RANGA RAO H.S SITUATED AT NO.1, "UTHUNGA" PAMPAMAHAKAVI ROAD, CHAMARAJPET, BENGALURU- 560 018.

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NC: 2025:KHC:14752 WP No. 9745 of 2025

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SMT. SHYLASHREE.M, WIFE OF SRI. DR. CHANDRAPPA C.N R/AT NO.424, 9TH CROSS, 4^TH MAIN, HIG RMV 2^ND STAGE, BENGALURU- 560 094.

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SRI. DR. CHANDRAPPA C.N, SON OF SRI. NASAPPA R/AT NO.424, 9^TH CROSS, 4^TH MAIN, HIG RMV 2^ND STAGE, BENGALURU- 560 094.

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…RESPONDENTS

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(BY SRI. N.C. SRINIVASA, ADV. FOR C/R1)

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THIS W.P. IS FILED PRAYING TO QUASH BY WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER DIRECTION IN THE NATURE OF WRIT THE NOTICE DTD. 25.03.2025 AT ANNX-A ISSUED BY R-1 AND ETC.

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

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NC: 2025:KHC:14752 WP No. 9745 of 2025

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court seeking the following

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prayer:

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"a. Quash by writ of certiorari or any other appropriate writ or order direction in the nature of writ, the Notice dated 25.03.2025 at Annexure-'A', issued by Respondent No.1.

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b. Quash by writ of certiorari of any other appropriate writ or order direction in the nature of writ, the Order of the Learned Magistrate passed by the VIII Additional Chief Judicial Magistrate, Bangalore dated 22.03.2025 in Crl.Misc.11226/2024, per Annexure-'F'

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c. Award the costs of this petition; and

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d. Such other and further relief as may be just and necessary in the interest of justice."

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2. A coordinate bench of this Court in identical

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circumstances has held as follows:

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"The captioned petition is filed by the tenant seeking a mandamus to direct respondent to not to act upon the notice dated 2.3.2024. The action of the secured creditor initiated under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “Securitization Act”) is not at all challenged by the borrower who is found to be the defaulter.

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4 - NC: 2025:KHC:14752 WP No. 9745 of 2025

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The petitioner who claims to be the tenant has an efficacious remedy under Section 17(4)(A) Securitization Act. Therefore, this Court is not inclined to entertain the captioned petition. The Hon’ble Apex Court, time and again has deprecated the Constitutional Courts in entertaining the recovery proceedings emanating from Securitization Act. Therefore, I am not inclined to grant any indulgence to the petitioner.

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Hence, the writ petition is dismissed. However, liberty is reserved to the petitioner to avail the remedy by approaching the competent forum."

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The petitioner being a tenant in a premise which is now become the subject matter of proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act, 2002' for short) will have to approach the DRT under Section 17(4A) of the SARFAESI Act, 2002.

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The learned counsel for the petitioner submits that he is running a fitness training center in the rented premises.

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The borrower submits that no rent is paid. It is therefore the property is brought to sale by the bank. These are disputed questions of fact. Since the petitioner is a tenant,

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NC: 2025:KHC:14752 WP No. 9745 of 2025

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I deem it appropriate to permit the tenant to take out all the gym equipments that are in the premises at an outer limit of six weeks from today and reserve liberty to him to approach the DRT under Section 17(4A) of the SARFAESI Act, 2002.

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With the aforesaid observations, the petition stands

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disposed .

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Sd/(M.NAGAPRASANNA) JUDGE

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KG List No.: 1 Sl No.: 83

Sri Devaraj P v. M/S the Karnataka State Co. Operative Apex Bank Ltd.

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Sri Devaraj P v. M/S the Karnataka State Co. Operative Apex Bank Ltd.

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