Smt Jyothi M L Vs M/S Ujjivan Small Finance Bank Ltd.

FINANCE BANK LTD., REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS ZONAL OFFICE NO.27, 3^RD “A” CROSS, 18^TH MAIN, 6^TH BLOCK, KORAMANGALA, BENGALURU – 560 095 REPRESENED BY ITS CHIEF MANAGER/ AUTHORIZED OFFICER SRI. RAJA RAJESHWARAN P. S/O S. PACHIPPAN AGED ABOUT 47 YEARS

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…RESPONDENT

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(BY SRI. FRANCIS XAVIER, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - QUASH THE ORDER DTD 26.07.2022 PASSED IN CRL. NO.814/2022 BEFORE THE CHIEF JUDICIAL MAGISTRATE, RURAL COURT, BENGALURU, BY THE RESPONDENT AS PER ANNEXURE-D.

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

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3 -

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NC: 2026:KHC:13370 WP No. 4207 of 2024

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HC-KAR

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CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

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ORAL ORDER

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The present writ petition is filed seeking the following

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prayers:

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"1. Issue a writ of certiorari or similar writ or order or direction to quash the order dated:26-07-2022 passed in Crl.No.814/2022 before the Chief Judicial Magistrate, Rural Court, Bengaluru, by the respondent as per Annexure-D

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2. Issue a writ of Mandamus or similar writ or order or direction to the respondent not dispossess the petitioner from the physical possession of the petitioner's schedule property as per order dated:26-07-2022 passed in Crl.No.814/2022 before the Chief Judicial Magistrate, Rural Court, Bengaluru, Bengaluru Rural by the respondent as per Annexure-D

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3. Issue any other appropriate writ or order or direction to the respondents deemed fit in the circumstances of the case in the ends of interest of justice and equity."

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When the matter came up, learned counsel for the petitioners submitted that two weeks' time may be granted as negotiations are going on between the petitioners and the Bank.

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4 -

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NC: 2026:KHC:13370 WP No. 4207 of 2024

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HC-KAR

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This writ petition was filed in the year 2024.

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A Co-ordinate Bench of this Court had passed an interim order directing that the petitioners shall not be dispossessed, if they are not already dispossessed, as on today and the said interim order is subsisting till today. The petitioners have come before this Court questioning the order that is passed by the learned Magistrate under Section 14 of the SARFAESI Act. However, the petitioners have an effective alternative remedy under Section 17 of the SARFAESI Act. In that view of the matter, this Court is passing the following:

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ORDER

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i. The writ petition is disposed of , giving liberty to the petitioners to avail the appropriate remedy in accordance with law.

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ii. All I.As in this petition shall stand closed.

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SD/(LALITHA KANNEGANTI) JUDGE

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SMC List No.: 1 Sl No.: 6

Smt Jyothi M L v. M/S Ujjivan Small Finance Bank Ltd.

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Smt Jyothi M L v. M/S Ujjivan Small Finance Bank Ltd.

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