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2025 DAILYLAW 22895 (KAR)

SHRI G JAYAPRAKASH v. THE AUTHORIZED OFFICER

WP/11972/2021 · 2025-01-13

Jyoti Mulimani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1206 WP No. 11972 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 11972 OF 2021 (GM-RES) BETWEEN: 1. SHRI G.JAYAPRAKASH AGED ABOUT 54 YEARS, S/O SHRI G.P.VENKATA NAIDU, 2. SMT G.MANOJA AGED ABOUT 46 YEARS, W/O SHRI G.JAYAPRAKASH, BOTH ARE RESIDING AT: FLAT NO.401, ARYA KRISHNA APARTMENT, SITE NO.9 10 AND 11, 5TH MAIN ROAD, RAJIV GANDHI NAGAR, KODIGEHALLI, BENGALURU-560 097. …PETITIONERS (BY SRI. M.A.RAJENDRA., ADVOCATE) AND: THE AUTHORIZED OFFICER, ICICI BANK LIMITED, INFANTRY ROAD, BELLARY. ALSO AT: ICICI BANK LIMITED, NO.4/10, MYTHREE TOWER, BOMMANAHALLI, NEAR OXFORD COLLEGE OF ENGINEERING, BANGALORE-560 068. KARNATAKA. …RESPONDENT (BY SRI. ALTAF HASAN., ADVOCATE) Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1206 WP No. 11972 of 2021 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 'Post Symbolic Intimation to Borrower' dated 23.04.2021 issued by the Respondent Bank vide Annexure-A. Perused the writ papers with care. A perusal of Annexure-A reflects that it is an intimation regarding symbolic possession of the secured property under SARFAESI Act and the petitioner has sought to quash the same. Such a relief cannot be accorded under the Writ jurisdiction. The Writ Petition is devoid of merits and is liable to be dismissed. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 7