Mr Manjunatha N R v. M/S the National Co. Operative Bank Ltd.
Case brief
What is this about?
SARFAESI Act 2002 alternate effective remedy; Articles 226 & 227 Constitution of India writ petition (GM-RES); sale notice dated 22.11.2023 Annexure-D published in New Indian Express on 24.11.2023; National Co Operative Bank Ltd Bengaluru authorized officer; recovery proceedings against schedule property; condonation of delay for time consumed in writ petition; disposal without adjudication. Relevant to matters where the High Court directs an aggrieved borrower to the statutory SARFAESI forum rather than deciding the challenge, and grants credit for time spent in the writ petition toward condonation of delay before that forum.
What did the court decide?
Petition disposed of; petitioner permitted to avail the alternate effective remedy under the SARFAESI Act, with the time consumed in the writ petition to be considered for condonation of delay if steps are taken within the stipulated time.