- 1 - NC: 2025:KHC:2599 WP No. 1496 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 1496 OF 2025 (GM-RES) BETWEEN: JANA SMALL FINANCE BANK LIMITED, HAVING ITS REGISTERED OFFICE AT "THE FAIRWAY BUSINESS PARK", NO.10/1, 11/2 AND 12/2B, OFF DOMLUR, KORAMANGALA INNER RING ROAD, NEXT TO EMBASSY GOLF LINKS, CHALLAGHATTA, BENGALURU - 560 071, REPRESENTED BY ITS SENIOR MANAGER MRS. SYEDA YASEEN TAJ RANA, REGISTERED UNDER BANKING REGULATION ACT 1949. …PETITIONER (BY SRI. V. SURESH, ADVOCATE) AND: 1. SLR TYRE RE-TREADING INDUSTRY, NO.15/4, VITTASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 068, REGISTERED UNDER KARNATAKA SHOP AND COMMERCIAL ESTABLISHMENT ACT 1961. 2. SRI. MALLIKARJUNAPPA G.R, FLAT NO.A-101, BENCH MARK SEREN, ITY APARTMENT, SARJAPURA ROAD, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2599 WP No. 1496 of 2025 DODDAKANNAHALLI, BENGALURU - 560 035. 3. SMT. SUMITHRA, FLAT NO.A-101, BENCH MARK SEREN, ITY APARTMENT, SARJAPURA ROAD, DODDAKANNAHALLI, BENGALURU - 560 035. ALSO AT SMT. SUMITHRA, NO.147/19, SARJAPURA ROAD, JANATHA COLONY, DODDAKANNAHALLI, BENGALURU - 560 035. …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE LEARNED CHIEF JUDICIAL MAGISTRATE, RURAL COURT, BENGALURU TO DISPOSE OFF AN APPLICATION FILED UNDER SECTION 14 OF THE SARFAESI ACT IN CRL.MISC.NO. 587/023 AT ANNEXURE-C, FILED BY THE PETITIONER FORTHWITH. 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 directions to the learned Chief Judicial Magistrate, Rural Court, Bengaluru, to dispose of the petition filed under Section 14 of the SARFAESI Act, 2002 in Crl.Misc.No.587/2023, this Court is of the considered - 3 - NC: 2025:KHC:2599 WP No. 1496 of 2025 opinion that no notice is required to be issued to the respondents. 2. Learned counsel for the petitioner submits that the learned Chief Judicial Magistrate is insisting that E- Khata of the immovable property in respect of which the petition has been filed before the learned Chief Judicial Magistrate is required to be filed by the petitioner- Financial Institution. Learned Counsel submits that the E- Katha cannot be obtained by the petitioner. Learned counsel for the petitioner submits that for the purpose of taking possession of the secured assets, there is no need for the secured creditor to tender the E-Katha in respect of the secured assets. That is not the requirement in terms of Section 14 of the Act. 3. The submission of the learned counsel for the petitioner is accepted. The learned Chief Judicial Magistrate is hereby directed to proceed to consider the petition and dispose of the same without insisting on E- Khata to be furnished by the petitioner. The petition shall - 4 - NC: 2025:KHC:2599 WP No. 1496 of 2025 be considered and disposed of as expeditiously as possible and at any rate, within a period of six weeks from the date of receipt of a copy of this order. ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 10 CT: BHK