Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 21362 (KAR)

THE SPECIAL AGRICULTURAL PRODUCE MARKET COMMITTEE FOR FRUITS AND VEGETABLES v. JYOTHINGAM S @ JOTHILINGAPPA D S

WP/10420/2020 · 2025-01-08

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:540 WP No. 10420 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 10420 OF 2020 (GM-RES) BETWEEN: THE SPECIAL AGRICULTURAL PRODUCE MARKET COMMITTEE FOR FRUITS AND VEGETABLES, AGRAHARA TANK BUND ROAD, BINNYPET, BENGALURU-560 023. REPRESENTED BY ITS SECRETARY. …PETITIONER (BY SRI. NANDA KISHORE., ADVOCATE) AND: 1. JYOTHINGAM.S @ JOTHILINGAPPA.D.S. S/O D.S.SAVALAPPA, NO.1484, 56TH CROSS ROAD, 16TH MAIN ROAD, BTM LAYOUT, 2ND STAGE, BENGALURU-560 076. ALSO AT: PROPRIETOR, M/S. JYOTHI FRUIT CO., SHOP NO.E-18, APMC SUB-MARKET YARD, SINGENA AGRAHARA, HOSUR ROAD CROSS, HUSKUR, BENGALURU-560 099. 2. THE HOTEL INDUSTRIALISTS CO-OP BANK LTD., SAHAKARA SOURABHA, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:540 WP No. 10420 of 2020 NO.234, 2ND CROSS, 4TH MAIN, CHAMARAJPET, BENGALURU-560 018. …RESPONDENTS (BY SRI. K.V.LOKESH., ADVOCATE FOR C/R2) 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, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:13.12.2019 passed by the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru in Crl. Misc. No.664/2019 vide Annexure-A. 2. The petition filed by the Bank under Section 14 of the SARFAESI Act was allowed by the Trial Court and the Bank was permitted to take possession of the property in question. I find no grounds to interfere with the order passed by the Trial Court. Moreover, there is a remedy under Section 17 of the SARFAESI Act to approach the DRT. The Writ Petition is devoid of merits and is liable to be rejected. - 3 - NC: 2025:KHC:540 WP No. 10420 of 2020 3. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 5