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2025 DAILYLAW 26755 (KAR)

SRI NAGENDRA JOIS v. THE AUTHORISED OFFICER

WP/14494/2025 · 2025-05-15

M G S Kamal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:18250 WP No. 14494 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. 14494 OF 2025 (GM-RES) BETWEEN: 1. SRI NAGENDRA JOIS S/O. SRI SUBRAMANYA JOIS AGED MAJOR, RESIDING AT NO.298, 13TH CROSS, 2ND MAIN, PIPE LINE, WEST OF CHORD ROAD BANGALORE - 560 086. 2. SMT. TARA N. JOIS W/O. SRI NAGENDRA JOIS AGED ABOUT 48 YEARS, RESIDING AT NO.298, 13TH CROSS, 2ND MAIN, PIPE LINE, WEST OF CHORD ROAD BANGALORE - 560 086. …PETITIONERS (BY SRI RAMA RAMACHANDRA IYER, ADVOCATE) AND: 1. THE AUTHORISED OFFICER THE GRAIN MERCHANTS COOPERATIVE BANK LTD., NO.2, PAMPAMAHAKAVI ROAD, CHAMARAJ PET, BANGALORE - 560 018. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE LEARNED MAGISTRATE IN CRL.MISC.NO.9541 OF 2024 DTD. 04.03.2025 PRODUCED AS ANNX-C. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18250 WP No. 14494 of 2025 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 Learned counsel for the petitioner submits that the order challenged in this petition is passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002). Since alternate statutory remedy is available under Section 17 of the SARFAESI Act, 2002, reserving such liberty to the petitioners, petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE CR List No.: 1 Sl No.: 69