IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.58756/2014 (GM-RES) BETWEEN:
SRI.GIRISWAMY EDUCATION SOCIETY (R) VOKKODI, TUMKUR TALUK & DISTRICT REPRESENTED BY ITS PRESIDENT SRI.RAJANNA S/O LATE DODDAYELLAIAH AGE 59 YEARS VOKKODI VILLAGE TUMKUR TALUQ, TUMKUR-572 102 (BY SRI.R.CHANNAKESHAVA, ADV.) AND THE ALLAHABAD BANK J.C.ROAD BRANCH TUMKUR TOWN-572 101 REPRESENTED BY ITS AUTHORISED OFFICER (BY SRI.R.S. RAJESH, ADV.) ... PETITIONER ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 i.e. NOT TO TAKE PHYSICAL POSSESSION OF THE PETITION SCHEDULED PROPERTY AND TO QUASH THE DISTRICT MAGISTRATE ORDER DATED 5.7.2014 VIDE ANNEXURE-B AND ALSO TAHASILDAR ORDER DATED 15.11.2014 AT ANNEXURE-C & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is directed against the order dated 15.11.2014 passed by Tahsildar issued in pursuance of order dated 5.7.2014 passed by District Magistrate initiated under Section 14 of the SARFEASI Act.
2. The petitioner had borrowed loan from the respondent No.1-Bank. Since, the petitioner has not repaid the entire loan amount, the Bank had initiated proceedings under the relevant provisions of SARFEASI Act. Being aggrieved by the same, the petitioner has approached this Court.
3. The learned counsel for the respondent submits that the petitioner has alternate and efficacious remedy under Section 17 of SARFAESI Act. Hence, he sought for dismissal of the writ petition.
4. Since the petitioner has an alternate and efficacious remedy under Section 17 of the SARFAESI Act, the present writ petition is dismissed. The petitioner is at liberty to approach the competent legal forum.
Sd/- JUDGE DM