IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.23051 OF 2015 (GM-RES) BETWEEN:
Ramakrishnappa S/o late Venkataswamappa, Age 54 years, Residing at No.237, 5th Main, 6th Cross, Byatarayanapura, Yelahanka, Bangalore-560062. ... Petitioner (By Sri Markanda Setty, Advocate for Sri N.Suresha, Advocate) AND:
1. ICICI Bank Ltd No.4/10, 1st Floor, West Wing, Mythri Centre, Hosur Road, Bommanahalli, Bangalore-560068. Represented by its Authorised Officer.
2. Nirmala V.S W/o Ramakrishnappa, Age 50 years, Residing at No.237, 5th Main, 6th Cross, Byatarayanapura, Yelahanka, Bangalore-62. …Respondents (By Sri Francis Xavier, Advocate for R1, R2 is served but unrepresented) This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash the orders passed by C.Misc.No.4041/15 on the file of the C.M.M. Bengaluru at Annexure-C and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R This writ petition is directed against the order dated 18.04.2015 Annexure-C passed under Section 14 of Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, (for short ‘SARFAESI’ Act).
2. Against the impugned order, the petitioner has a remedy of appeal under Section 17 of SARFAESI Act. This Court by order dated 08.06.2015, has granted an interim order subject to the petitioner paying first respondent a sum of Rs.3,00,000/- within a period of four weeks.
3. In view of an efficacious alternative remedy available, petitioner is relegated to the appeal remedy provided under Section 17 of SARFAESI Act. Since petitioner has the benefit of interim order granted by this Court, the same shall be continued for a period of five weeks.
With the above observations, writ petition is disposed of.
[ Sd/- JUDGE rv