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2025 DAILYLAW 75892 (KAR)

MR K S RATNAKUMAR v. STATE BANK OF INDIA

WP/36049/2024 · 2025-07-31

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29496 WP No. 36049 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 36049 OF 2024 (GM-RES) BETWEEN: MR K S RATNAKUMAR S/O LATE SUBAIAH, AGED ABOUT 65 YEARS, R/AT DURGIKAD ESTATE, KIRGOOR VILLAGE AND POST, PONNAMPET TALUK, KODAGU 571216. …PETITIONER (BY SRI. ZAMEER PASHA.,ADVOCATE) AND: STATE BANK OF INDIA STRESSED ASSETS RECOVERY BRANCH (05173) BUILDING NO 11/90, III FLOOR, NEAR OLD SHIVAJI THEATRE, J C ROAD, BANGALORE 560002 REPRESENTED BY ITS MANAGER. …RESPONDENT (BY SRI.T.P. MUTHANNA., ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29496 WP No. 36049 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED NOTICE NO. KCC 36021069213/ ATL 36021079991/ SARFAESI/ PN/ 2024-25 DATED 13.11.2024 ISSUED BY THE RESPONDENT VIDE ANNX- C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is aggrieved by the proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short, 'the SARFAESI Act'] including the Possession Notice dated 13.11.2024 [Annexure-C]. Sri T P Muthanna, the learned counsel for the respondent, is categorical that the possession of the subject property [a Coffee Plantation] would vest symbolically with the Bank, but further proceedings - 3 - HC-KAR NC: 2025:KHC:29496 WP No. 36049 of 2024 have not been initiated. Be these as it may. If the petitioner is aggrieved by any action under the SARFAESI Act, the remedy will be under Section 17 of the SARFAESI Act, and therefore subject to all just exceptions, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-