Mr Chand Peer v. Kotak Mahindra Bank Ltd.
Case brief
What is this about?
Chand Peer v. Kotak Mahindra Bank Ltd — WP No. 3131 of 2026 (GM-DRT), High Court of Karnataka at Bengaluru, oral order dated 12.02.2026 by Ashok S. Kinagi J. Challenge to possession notice dated 20.01.2026 issued under Rule 8(1) of the Security Interest (Enforcement) Rules, 2002 dismissed as not maintainable because the Section 14 SARFAESI Act order in Crl.Misc.No. 145 of 2024 (allowed 14.10.2024) was not challenged; liberty granted to approach the appropriate forum; 30-day restraint on coercive action by the Bank. Keywords: SARFAESI Act; Section 14; Rule 8(1); possession notice; maintainability of writ petition; Articles 226 and 227; alternative remedy/appropriate forum; DRT-related matter.
What did the court decide?
Writ petition dismissed with liberty reserved to the petitioner to challenge the impugned possession notice before the appropriate forum; respondent-Bank directed not to take any coercive action for 30 days from the date of the order; pending IAs, if any, stand disposed of.