IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.28155/2015 (GM-RES) BETWEEN:
SRI THAHIRA MOHIDDIN SHARIFF S/O MOHIDDIN SHARIFF AGE 46 YEARS, MAJOR SURATHKAL, MANGALORE-575501 (BY SRI. SRIKANTH.N.V., ADV. FOR SRI. SACHIN B S, ADV.) AND 1. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE DAKSHINA KANNADA MANGALORE-575 501 2. BANK OF BARODA BAJPE ROAD, MANGALORE PINCODE - 575 501 REPRESENTED BY CHIEF MANAGER ... PETITIONER ... RESPONDENTS (BY SMT NILOUFER AKBAR, AGA FOR R1 SRI GOPALKRISHNA R HEGDE, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD.15.4.2015 PASSED BY THE R-1 VIDE ANNEX-A AND GRANT AN INTERIM ORDER TO STAY THE IMPUGNED ORDER DTD.15.4.2015 PASSED BY THE R-
1 VIDE ANNEX-A AND ALL FURTHER PROCEEDINGS PURSUANT THERETO.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING “B” GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is directed against the order dated 15.4.2015 passed by respondent No.1 herein under Section 14 of the SARFAESI Act.
2. The learned AGA appearing for the respondent No.1 submits that the petitioner has an alternate and efficacious remedy under Section 17 of the SARFAESI Act and therefore, this writ petition is not maintainable.
3. The submission of the learned AGA is placed on record.
4. Accordingly, the writ petition is dismissed as not maintainable since the petitioner has an alternate and efficacious remedy under Section 17 of the SARFAESI Act.
Sd/- JUDGE DM