Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:18251 WP No. 14234 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 14234 OF 2025 (GM-RES) BETWEEN:
1.
SMT. BHARATHI K., W/O. KEMPANNA H.M.
AGED 49 YEARS, R/A.431, 9TH MAIN ROAD, 10TH CROSS, BANGALORE NORTH, BANGALORE - 560 043.
(TENANT IN SCHEDULE PROPERTY THIRD PARTY) …PETITIONER (BY SMT. V.S. RAJALAKSHMI, ADVOCATE) AND:
1.
M/S. CANARA BANK BRANCH OFFICE AT, PEENYA II STAGE BRANCH NO.473, D(7) 13TH CROSS, 4TH PHASE, PEENYA INDUSTRIAL AREA BANGALORE - 560 048 REP. BY AUTHORISED OFFICER/ DIVISIONAL MANAGER SRI K. BASHKER (BANKING COMPANY REGISTERED UNDER BANKING REGULATIONS ACT-1949)
2.
MR. LAKSHMIPATHY S/O. GOPALAPPA, PARTNER OF ASK RENEWABLES, RESIDING AT NO. 27, 10TH CROSS, 9TH MAIN, HENNUR MARUTHI LAYOUT, KALYAN NAGAR BANGALORE- 560 043.
(LESSOR OF SCHEDULE PROPERTY) …RESPONDENTS (BY SRI C. VINAY SWAMY, ADVOCATE FOR SRI VIGNESH SHETTY, ADVOCATE FOR C/R1)
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:18251 WP No. 14234 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 24.10.2024 PASSED U/S 14 OF SARFAESI ACT IN CRL.MISC.NO.50324/2024 BY XI ACMM COURT, BANGALORE (ANNX-A) IN RESPECT OF THE SCHEDULE PROPERTY IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER Sri. C. Vinay Swamy learned counsel undertakes to appear for respondent No.1-Bank.
2. Petitioner claims to be a tenant of the premises in respect of which proceedings under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), have been initiated. There is an alternate statutory remedy provided under the Act.
3.
Learned counsel for the petitioner submits that petitioner would prefer an appeal as provided within two weeks and seeks for an interim protection till filing of such appeal.
- 3 -
NC: 2025:KHC:18251 WP No. 14234 of 2025
4. Submission is taken on record.
5. Respondents are directed not to precipitate the matter for a period of two weeks from today enabling the petitioner to seek redressal of his grievance as per law.
6. Reserving liberty to the petitioner as sought for, petition is disposed of.
SD/- (M.G.S. KAMAL) JUDGE
CR List No.: 1 Sl No.: 87