- 1 - NC: 2025:KHC:14820-DB WA No. 346 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 346 OF 2025 (GM-RES) BETWEEN: 1. SRI.C.J.SEBASTIAN S/O LATE C.JAYACHANDRA AGED ABOUT 49 YEARS RESIDING AT NO.62/094/76-4 CHENGAIAH COMPOUND 30TH CROSS, 4TH BLOCK TILAK NAGAR, JAYANAGAR WARD NO.62, DIVISION 35 BENGALURU-560 011. …APPELLANT (BY SRI. N.R.NAIK, ADVOCATE) AND: 1. PEGASUS ASSETS RECONSTRUCTION PRIVATE LIMITED A COMPANY INCORPORATED COMPANIES ACT 1956 REGISTERED OFFICE AT 507 DALAMAL HOUSE, NARIMAN POINT MUMBAI-400 021. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14820-DB WA No. 346 of 2025 REP, BY ITS AUTHORIZED OFFICER AND ITS BRANCH OFFICE AT 55-56 FREE PRESS HOUSE, NARIMAN POINT MUMBAI-400 021 MR.RAJA PAUL V.P. 2. M/S. CONCORD CHEMICALS A PARTNERSHIP FIRM NO.28, ESPLANADE, 160 D.N ROAD, FORT, MUMBAI-400 001. REP. BY ITS CHIEF EXECUTIVE OFFICER AND MANAGING PARTNERS. 3. SRI. MOHAMMED P.HUSAINI PARTNER OF M/S. CONCORD CHEMICALS 28, ESPLANADE, 160, D.N ROAD FORT, MUMBAI. 4. SRI. KANNAN Y.DESAI PARTNER OF M/S. CONCORD CHEMICALS 28, ESPLANADE, 160, D.N ROAD FORT, MUMBAI. 5. M/S. ANIL OVERSEAS PRIVATE LTD. PARTNER OF M/S. CONCORD CHEMICALS NO.6, SHEEL CHAMBERS, 10 CAWASJI PATEL STREET FORT, MUMBAI-400 001. 6. THE AUTHORIZED OFFICER ALLAHABAD BANK, JAYANAGAR BRANCH NO.1540, 23RD MAIN, 4TH 'T' BLOCK JAYANAGAR, BENGALURU-560 041. - 3 - NC: 2025:KHC:14820-DB WA No. 346 of 2025 7. THE AUTHORIZED OFFICER ALLAHABAD BANK, HEAD OFFICE NO.2, NETAJI SUBHAS ROAD KOLKATA-700 001. 8. THE AUTHORIZED OFFICER ALLAHABAD BANK, KALBADEVI BRANCH NO.635, MISTRY BUILDING J.S.S ROAD, DHOBI TALAO MUMBAI-400 002. …RESPONDENTS (BY SRI. NARAYANA SHENOY, ADVOCATE FOR C/R1) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.30932/2024 (GM-RES) DATED 12.02.2025 DISMISSING THE WRIT PETITION BY IMPOSING COST OF Rs.1 LAKH PAYABLE WITHIN FOUR WEEKS FROM THE DATE OF ORDER AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 4 - NC: 2025:KHC:14820-DB WA No. 346 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) Aggrieved by the order dated 12.02.2025 passed in Writ Petition No.30932 of 2024, the petitioner therein has preferred this writ appeal. 2. Consequent to a default in respect of a loan, proceedings have been initiated by the concerned bank against the property mortgaged under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘SARFAESI Act’). Subsequently thereafter an application is made to the jurisdictional Metropolitan Magistrate under Section 14 of the SARFAESI Act for protection from the jurisdictional police to take possession of the secured property. Aggrieved by the same, Writ Petition No.30932 of 2024 has been filed. Learned Single Judge on the ground that the petitioner and his family members have time and again thwarted the enforcement of order passed under Section 13 of the SARFAESI Act to recover the dues, by abusing process of law, has dismissed the writ petition by imposing a cost of Rs.1,00,000/-. Aggrieved by the same, the present writ appeal is filed. - 5 - NC: 2025:KHC:14820-DB WA No. 346 of 2025 3. Admittedly, proceedings have been initiated against Section 13 of the SARFAESI Act and the properties concerned have been attached. To take possession of the same, respondent No.1 has filed necessary application under Section 14 of the SARFAESI Act and the jurisdictional Metropolitan Magistrate has passed the order. It is a settled principle of law that the Metropolitan Magistrate cannot decide the rights of the parties and he can only provide assistance and protection to the secured creditor in taking possession of the secured assets if an application is made under Section 14 of the SARFAESI Act. In fact notice to borrower or the mortgager is also deemed not necessary. If any person is aggrieved by an order passed under Section 13 of the SARFAESI Act pursuant to which the application is made under Section 14 of the SARFAESI Act, he has a remedy to approach the appropriate authority under Section 17 of the SARFAESI Act. He cannot challenge only the order passed under Section 14 of the SARFAESI Act by way of writ petition. 4. Under the circumstances, we do not find any reason to interfere with the well reasoned order of learned Single Judge including his conclusion regarding abuse of the process of law by - 6 - NC: 2025:KHC:14820-DB WA No. 346 of 2025 the petitioner. However, under the peculiar facts and circumstances of the case, the writ appeal is hereby dismissed by reducing the cost of Rs.1,00,000/- imposed by learned Single Judge on the petitioner-appellant to Rs.25,000/-. Ordered accordingly. In view of dismissal of the appeal, any interlocutory application that may be pending, would not survive and stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 29