M/S AKSHA PROPERTIES PVT LTD v. AUTHORISED OFFICER/CHEIF MANAGER
WP/5984/2020 · 2025-02-10
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18949 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18949 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5795 WP No. 5984 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 5984 OF 2020 (GM-DRT) BETWEEN:
1.
M/S. AKSHA PROPERTIES PVT LTD., REP.BY ITS DIRECTOR, SRI. B.K.SHIVANANDA, NO.214, 'ATHMIYA', 2ND MAIN, TEACHERS LAYOUT, 1ST STAGE, NAGARABHAVI, BENGALURU-560 072.
2.
SRI. B.K.SHIVANANDA SON OF LATE KRISHNPPA GOWDA, AGED ABOUT 50 YEARS, NO.214, 'ATHMIYA', 2ND MAIN, TEACHERS LAYOUT, PT STAGE, NAGARABHAVI, BENGALURU-560 072.
3.
SMT. SHILPA SHIVANANDA W/O B.K.SHIVANANDA, AGED ABOUT 41 YEARS, NO.214, 'ATHMIYA', 2ND MAIN, TEACHERS LAYOUT, PT STAGE, NAGARABHAVI, BENGALURU-560 072. …PETITIONERS (BY SMT. SONU.S., ADVOCATE FOR SRI. RAJASHEKAR., ADVOCATE)
AND:
AUTHORISED OFFICER/CHIEF MANAGER, SYNDICATE BANK, RAJAJINAGAR MAIN BRANCH, NO.693, RAMAMANDIRA ROAD,
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
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NC: 2025:KHC:5795 WP No. 5984 of 2020
3RD BLOCK, RAJAJINAGAR, BANGALORE-560 010. …RESPONDENT (BY SRI. VIGNESH SHETTY., ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Smt.Sonu.S., counsel on behalf of Sri.Rajashekar.S., for the petitioners and Sri.Vignesh Shetty., counsel for the respondent have appeared in person.
2. The order dated:10.03.2020 passed by the Debts Recovery Tribunal-I, Bengaluru is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition.
3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.
4. Suffice it to note that the Tribunal has dismissed the S.A.No.139/2018 as infructuous on 10.03.2020. As against
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NC: 2025:KHC:5795 WP No. 5984 of 2020
the said order an alternate remedy is available under Section 18 of the SARFAESI Act before the DRAT, Chennai. The Writ Petition is devoid of merits and is liable to be dismissed.
5. Resultantly, the Writ Petition is dismissed.
Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 34