- 1 - NC: 2025:KHC:2905 WP No. 462 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 462 OF 2025 (GM-RES) BETWEEN: CANARA BANK MID CORPORATE BRANCH BENGALURU, # 69, GROUND FLOOR, 9TH MAIN, JAYANAGAR, 3RD BLOCK , BANGALORE – 560 011. REPRESENTED BY ITS AUTHORIZED SIGNATORY PRASANTH PANDEY …PETITIONER (BY SRI. K. V. LOKESH, ADVOCATE) AND: 1. M/S. CADRYCHE AUTOMATION AND OFFICE SOLUTION PRIVATE LIMITED, N0.32, 50 FEET ROAD, RAGHAVENDRA BLOCK SRINAGAR, BANGALORE – 560 050. 2. SRI. KRISHNAMURTHY UDUPA N0.33/12, 2ND FLOOR, 3RD CROSS, 4TH MAIN ROAD, CHAMARAJPET, BANGALORE SOUTH, BANGALORE – 560 018. 3. SMT. JYOTHI K. UPADHYA NO.40, 1ST MAIN ROAD, GOVINDPURAM EXTENSION, BANGALORE SOUTH – 560 019. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2905 WP No. 462 of 2025 4. RAKSHA K. UDUPA NO.33/12, 2ND FLOOR, 3RD CROSS, 4TH MAIN ROAD, CHAMARAJPET, BANGLORE SOUTH BENGALURU – 560 018. 5. INDIRA V. RAJ NO.57 SHOP STREET, N.R. COLONY, BASAVANAGUDI – 560 004. …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE HONBLE XXIV ACMM AT BENGALURU COURT TO EXPEDITE HEARING AND THEREAFTER PASS ORDERS IN CRL.MISC. 4755/2023 VIDE ANNEXURE-A IN ACCORDANCE WITH LAW IN THE ENDS OF JUSTICE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Having regard to the prayer made in the writ petition seeking a writ of Mandamus directing the learned 24th Additional Chief Metropolitan Magistrate, Bengaluru, to consider and dispose of Crl. Misc. No.4755/2023, within a time frame, this court is of the considered opinion that there is no need to issue notice to the respondents. - 3 - NC: 2025:KHC:2905 WP No. 462 of 2025 2. Learned Counsel for the petitioner has drawn the attention of this Court to the provisos contained below clause ix of sub-section (1) of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, SERFAESI Act, 2002). The two provisos read as follows: “Provided further that on receipt of the affidavit from the Authorised Officer, the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, shall after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured assets1[within a period of thirty days from the date of application]: 1[Provided [also] that if no order is passed by the Chief Metropolitan Magistrate or District Magistrate within the said period of thirty days for reasons beyond his control, he may, after recording reasons in writing for the same, pass the order within such further period but not exceeding in aggregate sixty days.] Provided also that the requirement of filing affidavit stated in the first proviso shall not apply to proceeding pending before any District Magistrate or the Chief Metropolitan Magistrate, as the case may be, on the date of commencement of this Act.] 3[(1A) The District Magistrate or the Chief Metropolitan Magistrate may authorise any officer subordinate to him,— (i) to take possession of such assets and documents relating thereto; and (ii) to forward such assets and documents to the secured creditor.]” - 4 - NC: 2025:KHC:2905 WP No. 462 of 2025 3. Learned Counsel for the petitioner submits that the petition in Criminal Misc.No.4755/2023 was filed on 19.07.2023 and the petition has not yet been disposed of and therefore, such prayer is made by the petitioner-bank. 4. Having regard to the express provisions contained in Section 14 of the Act, it would be duty of the learned Additional Chief Metropolitan Magistrate, Bengaluru, to have disposed of the petition within the time frame. 5. Consequently, the writ petition stands disposed of with a specific directions to the learned 24th Additional Chief Metropolitan Magistrate, Bengaluru, to consider and dispose of the Crl.Misc.No.4755/2023, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of copy of this order. Sd/- (R DEVDAS) JUDGE AMA/DL List No.: 1 Sl No.: 26 CT:PH