- 1 - HC-KAR NC: 2025:KHC:35404 MFA No. 3081 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.3081 OF 2024 (CPC) BETWEEN: 1. KUM. CHARITHA CHOWDHARI N.B., D/O J. BALASJI AGED ABOUT 28 YEARS R/AT NO.3, D.S.COLLEGE MAIN ROAD ESHWARINAGAR, 1ST CROSS BANASHANKARI 2ND STAGE BENGALURU-560070. …APPELLANT (BY SRI. SHAHNAWAZ M. MAMADAPUR, ADVOCATE) AND: 1. J. BALAJI S/O N.V. JAYARAMA NAIDU AGED ABOUT 57 YEARS R/AT NO.15, ESHWARINAGAR, 1ST CROSS BANASHANAKARI 2ND STAGE BENGALURU-560070. 2. LAVANAYA @ BABY W/O J. BALAJI AGED ABOUT 49 YEARS R/AT NO.15 ESHWARINAGAR, 1ST CROSS BANASHANAKARI 2ND STAGE BENGALURU-560070. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35404 MFA No. 3081 of 2024 3. KUM. SUSHMITHA CHOWDHARI N.B., D/O J. BALAJI AGED ABOUT 27 YEARS R/AT ARIMAKULAPALLI VILALGE KEENTAM PALLI POST YADAMARI (M D L) CHITTOOR DISTRICT-517422 ANDRA PRADESH. 4. MR. BETTAIAH BORAIAH S/O BETTAIAH AGED ABOUT 45 YEARS R/AT NO.35, DEEKSHA 1ST CROSS, NETHAJI ROAD 3RD PHASE, 4TH STAGE, BASAWESHWARN NAGAR BENGALURU-560079. 5. SMT. RADHA RUKAMANI K.L., WQ/O LAKSHMINARAYAN K AGED ABOUT 67 YEARS R/AT NO.19, SHLOKA NIVAS 12TH ‘A’ CROSS, VISVESHWARAIAH LAYOUT THINDLU, VIDYARANYAPURA POST BENGALURU-560097. 6. ABDUL SATTAR MAJOR IN AGE R/AT NO.19, SHLOKA NIVAS 12TH ‘A’ CROSS VISVESHWARAIAH LAYOUT THINDLU, VIDHYARANAPURA POST BENGALURU-560060. 7. THURUTHEELAKATH THOTTINNAKKARA FATHIMA W/O CHIEEKKIODEN KOOVERI KUNHI KUTTIYALI AGED ABOUT 65 YEARS R/AT PO BOX NO.4914, FLAT NO.10 WHITE CORNER BUILDING RIGGA STREET DERIA, DUBAI, UAE. - 3 - HC-KAR NC: 2025:KHC:35404 MFA No. 3081 of 2024 PERMANANT RESIDENT OF CHARUVANNUR FEOKER KOZHIKODE DISTRICT KERALA STATE-670104. REPRSENTED BY HER GPA HOLDER CHEEKKILODEN KOOVERI KUNHI KUTTIYALI AGED ABOUT 67 YEARS R/AT MOKKOOTALTI HOUSE TOWN HILL ROAD, CHIRAKARA PO, TELLICHERRY, KANNUR DISTRICT KERALA-670104. 8. THE AUTHORIZED OFFICER M/S. KOTAK MAHINDRA BANK REGISTERED OFFICE AT NO.36-38A NARIMAN BHAVAN, 227 NARIMAN POINT MUMBAI-400021. 9. M/S. KOTAK MAHINDRA BANK LIMITED BRANCH AT NO.58 AND 59, 1ST FLOOR SHREE COMPLEX BHAVANI IISG CO-OPERAITVE SOCIETY LIMITED T-BLOCK, BANASHANKARI 3RD STAGE BENGALURU-560085 REPRESENTED BY ITS MANAGER …RESPONDENTS THIS MFA IS FILED UNDER ORDER 43 RULE 1(A) OF CPC, AGAINST THE ORDER DATED 08.09.2023 PASSED ON I.A. IN O.S.NO.6344/2020 ON THE FILE OF THE XXXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH 38), BENGALURU CITY, ALLOWING THE I.A. FILED UNDER SECTION 34 OF SARFAESI ACT READ WITH SECTION 151 OF CPC. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:35404 MFA No. 3081 of 2024 CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The suit is dismissed by allowing I.A filed by defendant No.9 under Section 34 of SARFAESI Act r/w Section 151 of Code of Civil Procedure as the suit is barred as per Section 34 of SARFAESI Act. Hence, the office is correct that the appeal is not maintainable under Order 43 Rule 1 of CPC. Accordingly, the appeal is dismissed as not maintainable. However, liberty is reserved to prefer an appeal before the appropriate forum as per law. SD/- (HANCHATE SANJEEVKUMAR) JUDGE RHS List No.: 1 Sl No.: 15