IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO.51051 OF 2019 (GM -RES) BETWEEN:
1. Smt.M.Subhashini, W/o Sri. Narayana Reddy. M, Aged about 40 years, 2. Sri.Narayana Reddy.M., S/o Sri. Rama Reddy, Aged about 43 years, Proprietor M/s. Supriya Enterprises, Both are at: Apt. No.106, ‘Purple Woods Apartments’, Gr. Floor, Sy. Nos. 40/1 & 40/2, Varanasi, Jinkethimmanahalli Village, Thambuchettipalya Post, Bidarahalli Hobli, Bangalore East Taluk, Bangalore. – 25. ... Petitioners (By Sri.M.Mohamed Ibrahim, Advocate) AND:
1. M/s. Anand Rathi Global Finance Ltd., A Limited Company Having its Registered Office at: 10th Floor, Express Zone, Western Express Highway, Goregaon (East), Mumbai – 400 063.
Represented by its Vice President, Sri.Srinivas J.Hunsikatti.
2. M/s. Purple Estates and Holdings Pvt. Ltd., A Pvt. Ltd. Company Having its Registered Office at: No.131, D-3, 2nd Floor, Devatha Plaza, Residency Road, Bengaluru – 560 025. Represented by its Directors, Respondents 3 & 4.
3. Mr. Thomas Mathew, S/o Mr. K.V. Mathew, Aged about 60 years, 4. Mrs. Betty Thomas, W/o Mr. Thomas Mathew, Aged about 59 years, (Pan ABVPT 1855 E) Both are R/at No.14, Rainbow Residency Layout, Junnasandra Village, Varthur Hobli, Bangalore East Taluk, Bangalore – 560 003. … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent No.1 not to dispossess the petitioners from the schedule premises in pursuance of the proceedings initiated under Section 13 of the Act and orders obtained under Section 14 of the Act in C.Misc.No.50263/2019 (Annexure – F) and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
ORDER The petitioners have filed the present writ petition for a writ of mandamus directing the 1st respondent-financial institution not to dispossess the petitioners from the schedule premises in pursuance of the proceedings initiated under Section 13 of the SARFAESI Act and orders obtained under Section 14 of SARFAESI Act in C.Misc.No.50263/2019 as per Annexure-F mainly on the ground that the petitioners are not parties to the said proceedings.
Admittedly, against any order passed by the learned Magistrate exercising the power under Section 14 of the Act, writ is not maintainable and the petitioners have got alternative and efficacious remedy under the provisions of Section 17 of the SARFAESI Act. Admittedly, the order passed by the learned Magistrate has reached finality. In the absence of challenge to the order passed by the learned Magistrate, this Court cannot grant injunction ignoring the provisions of SARFAESI Act and the order passed by the learned Magistrate.
In view of the above, the writ petition is dismissed as not maintainable with liberty to the petitioners to take appropriate steps in accordance with law.
Sd/- JUDGE UN