K RAJASHEKAR S/O RAJENDRA KUMARN KAMALAKAR v. RAICHUR DISTRICT CENTRAL COOPERATIVE BANK LTD
WP/101572/2025 · 2025-04-22
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52936 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52936 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:6705 WP No. 101572 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 101572 OF 2025 (GM-RES) BETWEEN:
1.
K. RAJASHEKAR S/O RAJENDRA KUMAR KAMALAKAR, AGE: 39 YEARS, OCC: PROPRIETOR, R/O: RR ENTERPRISES, MEDAR ONI, NEAR JAWAHAR ROAD, KOPPAL-583 231, TQ:/DIST: KOPPAL.
2. K.SARASWATI W/O RAJENDRA KUMAR KAMALAKAR, AGE: 61 YEARS, OCC: HOMEMAKER, R/O: WARD NO.5, KURBARA ONI, KOPPAL-583 231, TQ:/DIST: KOPPAL.
… PETITIONERS (BY SMT.KAVYA.C.SHETTAR., ADVOCATE)
AND:
1.
RAICHUR DISTRICT CENTRAL CO-OPERATIVE BANK LTD., HEAD OFFICE AT GUNJ ROAD, RAICHUR, REPRESENTED BY ITS AUTHORIZED OFFICER, NAGARAJ.
2. VIRUPAKSHAYYA S/O SHEKHARAYYA NEREGALMATH, AGE: 49 YEARS, OCC: BUSINESS, R/O: TOTADABHAVI, KOPPAL-583 231, TQ/DIST: KOPPAL.
3.
AMAR S/O VITAL RAO KALAL, AGE: 53 YEARS, OCC: BUSINESS,
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:6705 WP No. 101572 of 2025
R/O: 24TH WARD, NEAR RAGHAVENDRA TEMPLE, KOPPAL-583 231, TQ:/DIST: KOPPAL.
… RESPONDENTS (BY SRI. SHIVARAJ P. MUDHOL, ADVOCATE FOR R1;
R2-HELD SUFFICIENT;
R3-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 IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.Kavya C.Shettar., counsel for the petitioners and Sri.Shivaraj.P.Mudhol., counsel for respondent No.1 have appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:16.12.2024 passed by the Senior Civil Judge and CJM, Koppal in Crl.Misc.No.87/2024 vide Annexure-C2 and to quash the Possession Notice dated 07.02.2025 issued by the first respondent vide Annexure-D.
3. The order is passed under Section 14 of the SARFAESI Act. Suffice it to note that as against the order passed under Section 14 of the Act, there is an alternate and statutory remedy of filing an appeal before the DRT. Hence, I
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NC: 2025:KHC-D:6705 WP No. 101572 of 2025
decline to exercise power under Writ jurisdiction. Accordingly, Writ Petition is dismissed. Because of the dismissal of the Writ Petition, all pending interlocutory applications if any are disposed of and the interim order if any granted by this Court stands discharged.
Sd/- (JYOTI MULIMANI) JUDGE MRP,RH LIST NO.: 1 SL NO.: 61