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2025 DAILYLAW 55217 (KAR)

SRI MANIKANTA S v. APTUS VALUE HOUSING FINANCE INDIA LTD

WP/2886/2023 · 2025-11-18

E S Indiresh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47437 WP No. 2886 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 2886 OF 2023 (GM-RES) BETWEEN: SRI MANIKANTA S S/O SHIVASWAMY AGED ABOUT 37 YEARS R/AT 300, VIVEKANANDA NAGARA KASABA HOBLI, T NARASIPURA TOWN …PETITIONER (BY SRI. SRIKANTH B., ADVOCATE) AND: APTUS VALUE HOUSING FINANCE INDIA LTD B8, DUSHI TOWERS, 205, POONAMALLE HIGH ROAD, CHENNAI - 60010 BRANCH OFFICE AT DOOR NO. 603, P AND T BLOCK, ANIKETHANA ROAD KUVEMPUNAGARA, MYSORE - 570 023 REP BY ITS AUTHORISED OFFICER REP. BY ITS DEPUTY LEGAL MANAGER …RESPONDENT (BY SRI. RAJIV R., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.01.23 PASSED BY THE FIRST ADDITIONAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE, AT MYSORE, IN CRL. MISC NO.257/2022 PASSED UNDER SECTION 14(1) OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT 2002(ANNEXURE-B) WITH RESPECT TO PETITIONER ONLY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47437 WP No. 2886 of 2023 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the parties. 2. The petitioner is assailing the Order dated 13.01.2023 in C.MIS No.257/2022 on the file of the I Additional Senior Civil Judge & CJM, Mysuru (Annexure-B). 3. Taking into consideration the fact that, the petitioner is having an efficacious remedy to approach the Competent Tribunal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act'), I am of the view that, no interference is called for in this writ petition. Accordingly, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE rs CT-SG List No.: 1 Sl No.: 43