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2025 DAILYLAW 29082 (KAR)

M/S VINAYAKA HANDICRAFTS v. AUTHORISED OFFICER

WP/18550/2021 · 2025-01-07

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:387 WP No. 18550 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 18550 OF 2021 (GM-RES) BETWEEN: 1. M/S. VINAYAKA HANDICRAFTS, REPRESENTED BY A SOLE PROPRIETOR, MR. V.HARISH, S/O ARUNAGIRI ACHAR, AGED ABOUT 39 YEARS, R/AT NO.11, MARUTHI LAYOUT, MARUGUNDANAHALLI ANANDAPURA, BANGALORE - 560 036. 2. MR. HARISH.V S/O ARUNAGIRI ACHAR, AGED ABOUT 39 YEARS, PROP. M/S.VINAYAKA HANDICRAFTS, R/AT NO.364, BOOMI REDDY LAYOUT, 4TH A CROSS, AYYAPPA TEMPLE BACKSIDE, NEW TIPPASANDRA, BANGALORE-560 075. 3. MRS. V.POORNIMA W/O V HARISH, R/AT NO.364, BOOMI REDDY LAYOUT, 4TH A CROSS, AYYAPPA TEMPLE BACKSIDE, NEW TIPPASANDRA, BANGALORE - 560 075. …PETITIONERS (BY SRI. SARAVANAN.G., ADVOCATE) Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:387 WP No. 18550 of 2021 AND: 1. AUTHORISED OFFICER, THE INDIAN BANK, (NEW THIPPASANDRA BRANCH), NO. 622, 80 FEET ROAD, 12TH MAIN ROAD, HAL 2ND STAGE, BENGALURU - 560 008. 2. THE REGIONAL DIRECTOR FOR KARNATAKA, RESERVE BANK OF INDIA, 10/3/8, NRUPATHUNGA ROAD, POST BAG NO. 5467, BENGALURU - 560 001. …RESPONDENTS (R1 & 2 ARE SERVED AND UNREPRESENTED) 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 Possession Notice dated 23.09.2021 issued by the first respondent Bank vide Annexure-A under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. - 3 - NC: 2025:KHC:387 WP No. 18550 of 2021 2. Needless to say that if a person is aggrieved by the possession notice, he/she must approach the DRT under Section 17 of the SARFAESI Act. The Writ Petition is devoid of merits and is liable to be dismissed. 3. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 37