IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO. 16492 OF 2018(GM-RES) BETWEEN:
MRS. NEETHA W/O MR. G KRISHNAMURTHY AGED ABOUT 47 YEARS R/A. NO.1,12TH CROSS 6TH MAIN, MALLESHWARAM BENGALURU - 560003.
... PETITIONER (BY SRI SRIKANTH PATIL .K – ADVOCATE ) AND:
1. KOTAK MAHINDRA BANK LTD., HAVING ITS REGISTERED OFFICE AT 27BKC, C-27, ‘G’ BLOCK BANDRA KURLA COMPLEX BANDRA EAST, MUMBAI-400051.
AND ITS BRANCH OFFICE AT: 6-3-1109/1, P202 RAJ BHAVAN ROAD SOMAJIGUDA HYDERABAD-500 082 REPT. BY ITS MANAGER AND THE AUTHORISED OFFICER.
2. COSTAL PROJECTS LTD., HAVING ITS REGISTERED OFFICE AT PLOT NO.237, 2ND FLOOR BAPUJINAGAR BHUBANESHWAR-751009.
AND ALSO AT:
304-0, ROAD NO.78, FILM NAGAR, JUBILEE HILLS, HYDERABAD-500 033.
REP. BY ITS DIRECTOR.
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PROCEEDINGS INITIATED BY THE R-1 BANK AND THE AUTHORISED OFFICER UNDER THE PROVISIONS OF THE SARFAESI ACT, 2002 VIDE NOTICE DATED 2.6.2014 VIDE ANNEX-A AND ALSO THE POSSESSION NOTICE DATED 8.9.2014 VIDE ANNEX-A1 ISSUED BY THE R-1 HEREIN BEING ARBITRARY, ERRONEOUS, WITHOUT JURISDICTION, WITHOUT AUTHORITY OF LAW, OPPOSED TO MRA, AND BEING CONTRARY TO SEC. 14 OF THE IBC, 2016, ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In view of the peremptory order dated 1.8.2019, the writ petition is dismissed.
Sd/- JUDGE KS