✦ Karnataka High Court

SRI GOPAL KRISHNASHETTY G v. KARNATAKA BANK LTD., HOOTAGALLI BRANCH, No.75/2

WP No. 3795 of 2023K V ARAVIND2 min read

Case at a glance

Outcome

Dismissed

Accordingly, the petition is dismissed as not maintainable

Provisions considered

Key paragraphs

  • Para 33. Accordingly, the petition is dismissed as not maintainable. Liberty is reserved to the petitioners to avail the remedy as available in law. Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 24

Judgment

Cause title

THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 3795 OF 2023 (GM-RES) BETWEEN:

1. SRI GOPAL KRISHNASHETTY G., S/O. GOPALA SHETTY, AGED ABOUT 57 YEARS, MR. B.V.INDRAKUMAR.,

2. SMT. BHAMA LAKSHMI S/O. GOPALAKRISHNA SHETTY, AGED ABOUT 50 YEARS., BOTH ARE RESIDING AT No.46 HIG, GROUP 4, KHB COLONY, HOOTAGALLI, MYSORE - 560 018. MARIMUTHU Location: High Court of Karnataka

3. SRI NAGE GOWDA K.N., S/O. LATE HOMBE GOWDA, AGED ABOUT 57 YEARS, RESIDING AT K.SALUHUNDI, MK HALLI POST, JAYAPURA HOBLI, MYSORE TALUK, MYSORE DISTRICT - 560 018. …PETITIONERS (BY SRI GOPALA GOWDA H.K., ADVOCATE)

AND:

1. KARNATAKA BANK LTD., HOOTAGALLI BRANCH, No.75/2A -12, D.K. COMPLEX, BELAVADI POST, HOOTAGALLI - 2 - NC: 2024:KHC:27159 WP No. 3795 of 2023 HUNSUR ROAD, HOOTAGALLI, MYSORE - 570 018. (REP. BY ITS BRANCH MANAGER)

2. KARNATAKA BANK LTD., HEAD OFFICE OF KARNATAKA, ASSET RECOVERY MANAGEMENT BRANCH, 3RD FLOOR, KARNATAKA BANK BUILDING, KODIALBAIL, BANGALORE - 575 003. (REP. BY ITS GENERAL MANGER) (BY SMT. DIVYA PURANDAR, ADVOCATE FOR R1 AND R2) …RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE NOTICE OF TAKING POSSESSION OF THE SCHEDULE PROPERTY OF THE PETITIONER OR ANY OTHER APPROPRIATE

ORDER.

BY QUASHING THE NOTICE DATED 27.01.2023 OF TAKING THE POSSESSION OF THE SCHEDULE PROPERTY OF THE PETITIONER AS PER ANNEXURE-B ISSUED AGAINST THE PETITIONER BY THE RECOVERY OFFICER, R1 BANK AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) The instant petition challenging possession notice dated

27.01.2023 issued by the respondents-Bank in exercise of Section 13(2) of the Securitization and Reconstruction of - 3 - NC: 2024:KHC:27159 WP No. 3795 of 2023 Financial Assets and Enforcement of Security Interest Act, 2002 [hereinafter referred to as 'SARFAESI Act' for short].

2.

The petitioners have a statutory remedy under Section 17 of the SARFAESI Act. The petition is not maintainable under Articles 226 of the Constitution of India.

Operative part

3.

Accordingly, the petition is dismissed as not maintainable. Liberty is reserved to the petitioners to avail the remedy as available in law. Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 24

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the petition is dismissed as not maintainable

Which statutory provisions did this judgment involve?

Constitution of India — arts. 226, 227.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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