IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No. 56534 OF 2013 (GM-RES) Between:
M/s. Damden Properties “Damden Yerra”, 2nd Cross Tavarakere Main Road Koramangala Bangalore-560 029. Represented by its Partner Sri Damla.T.Mathew. …Petitioner (By Sri. N. Kumar, Advocate [absent]) And:
1. The Authorised Officer ICICI Bank Limited a Company registered under the Companies Act, 1956 having its registered Office at No.C-23, “G” Block Bandra Kurla Complex, Bandra-E MUMBAI-400 051.
Branch Office at No.26-27 3rd Floor, Raheha Towers M.G. Road Bangalore-560 001.
2. Mrs. Madhuri D. Upasani W/o Mr. Dhananjay Upasani Age: about 42 years 3. Mr. Dhananjay Upasani S/o Suhas D. Upasani Age: about 42 years Both respondent Nos.2 and 03 are residing at No.102 Mahaveer Meadows 9th Cross, 9th Main K.S.R.T.C. Layout J.P. Nagar, 2nd Phase Bangalore-560 078. … Respondents (By Sri V. Suresh, Advocate for R1 Sri S. Nagaraja, Advocate for R2 and R3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned symbolic possession notice dated 28.6.2013 issued by R1-Bank under Section 13(4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 vide Annexure-F and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R This matter was posted on 10.1.2019 on that day the learned counsel for respondent No.1 file a memo stating that in view of the Section 17(4) of the SARFAESI Act, the writ petition is not maintainable.
2. Today also, none appears for the petitioner.
The memo filed by the respondent is placed on record.
3. Since the petitioner has an alternative efficacious remedy under the SARFAESI Act this Court decline to interfere into the matter. Hence, the above writ petition is dismissed.
Sd/- JUDGE ssd/gjm